104 OG No. 52, 8728 (Dec. 29, 2008); Mnl. Times October 28, 2008
WHEREAS, the Presidential Anti-Illegal
Recruitment Task Force (PAIRTF) created pursuant to Executive Order
(EO) No. 325, series of 2004, and tasked, among others, to develop and
execute strategies and schemes against the
modus operandi of illegal recruiters, was
automatically dissolved after a year from its
effectivity;
WHEREAS, EO No. 548, series of 2006, created the
Task Force Against Illegal Recruitment (TFAIR) under the supervision of
the Commission on Filipino Overseas (CFO), which carried the same
functions as that of the dissolved PAIRTF;
WHEREAS, EO No. 548-A,
series of 2007, amending EO 548, series of 2006, redefined the mandate
of the CFO and redirected its efforts to anti-human trafficking
activities; and likewise reiterated the anti-illegal recruitment
functions of the Philippine Overseas Employment Administration (POEA)
pursuant to the Omnibus Rules and Regulations Implementing Republic Act
No. 8042, otherwise known as the Migrant Workers and Overseas Filipino
Act of 1995;
WHEREAS, the continued incidence of illegal
recruitment has remained a serious and persistent problem that has
reached alarming proportion as to cause public
concern;
WHEREAS, it is of critical importance that the
State safeguards public interest and protect the Filipino workers from
losing their hard earned money and property to unscrupulous recruiters
and syndicates, and save the Government from incurring expenses due to
repatriation of victims of illegal
recruitment;
WHEREAS, there is a need to create a new Task
Force Against Illegal Recruitment under the supervision of Vice
President Noli De Castro, being the Presidential Adviser on Overseas
Filipino Workers, in order to ensure a more focused, coordinated and
effective Program of Action to curb illegal
recruitment;
WHEREAS, the Administrative Code of 1987
provides that the President has the continuing authority to reorganize
the administrative structure of the Executive Branch of the
government.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO,
President of the Republic of the Philippines, by virtue of the powers
vested in me by law, do hereby order:
SECTION 1. Creation of a Task
Force. There is hereby created a Task Force Against
Illegal Recruitment (TFAIR), which shall be under the control and
supervision of Vice President Noli De Castro, for policy and program
coordination.
SECTION 2. Composition. The TFAIR shall be
composed of the following:
Chairman |
: | Vice President Noli De Castro
|
Vice Chairman
| :
| Commissioner, Bureau of
Immigration |
Members | :
| Secretary, Department of
Foreign Affairs Secretary, Department of
Justice Secretary, Department of Labor and
Employment Head, Philippine National Police (PNP) Criminal
Investigation and Detection Group (CIDG) Anti Transnational
Division Director, National Bureau of
Investigation Administrator, Philippine Overseas Employment
Agency General Manager, Manila International Airport Authority
|
The
Chairman may designate other members as he may deem necessary to carry
out the function of TFAIR.
SECTION 3. Functions. The
TFAIR shall coordinate programs and initiatives of all government
agencies concerned in addressing the problem of illegal recruitment,
which shall include, but not limited to the following:
- development and execution of strategies and
schemes against the modus
operandi of illegal recruiters, such as "escort"
services, within our international airports and other ports of
departure;
- development and execution of
strategies against syndicates responsible for tampering and sale of
spurious passports and travel documents;
and
- ensuring the prosecution of illegal
recruiters and syndicates as well as their
protectors.
SECTION 4. Powers. In pursuit of its functions
as defined in the preceding Section, the TFAIR shall have the
responsibility and authority to:
- conduct surveillance and entrapment operations of
persons alleged to be engaged in illegal recruitment including, but not
limited to, "escort" services at international airports and other
points of departure, and to effect warrants of arrests through its law
enforcement arm;
- cause or direct the
immediate investigation and speedy prosecution of cases involving
illegal recruitment and monitor progress of such
cases;
- coordinate with existing bodies,
agencies and other instrumentalities currently involved in the campaign
against illegal recruitment; and
- perform
other powers and functions as may be necessary for the effective
discharge of its function or as may be directed by the
President.
SECTION 5. Operational and Law Enforcement Arm.
The PNP-CIDG Anti-Transnational Crime Division shall serve as the
operational and law enforcement arm of the
TFAIR.
SECTION 6. Secretariat. The POEA shall serve as
the Secretariat of the TFAIR, and shall prepare and submit periodic
reports to the Office of the President, through the TFAIR
Chairman.
SECTION 7. Office. The PNP-CIDG
Anti-Transnational Crime Division shall provide sufficient space at its
Headquarters at Camp Crame, Quezon City to serve as the principal
office to the TFAIR.
SECTION 8. Assistance and Cooperation. All other
government agencies are hereby directed to actively cooperate with and
support the anti-illegal recruitment campaign, as well as coordinate
and cooperate with the TFAIR. For this purpose, the Chairman may call
upon the heads of government agencies for assistance, as may be
necessary.
SECTION 9. Funding. Initial Funding for the
operations of the TFAIR shall be sourced from the available funds of
the Presidential Anti-Organized Crime Commission. All other government
agencies involved in the Campaign against illegal recruitment are
authorized to allocate from their existing funds such amounts as may be
necessary from the additional funding requirements that may be needed
by the TFAIR, subject to the usual government accounting and auditing
rules and regulations.
SECTION 10. Repealing Clause. All orders, rules
and regulations and issuances, or parts thereof, which are inconsistent
with this Executive Order, are hereby repealed, amended or modified
accordingly.
SECTION 11. Effectivity. This Executive Order
shall take effect immediately upon its publication in a national
newspaper of general circulation and shall remain in full force for a
period of two (2) years.
DONE in the city of Manila
this 23rd day of October, in the year of our Lord, Two Thousand and
Eight.
(Sgd.) GLORIA M.
ARROYO
By the
President:
(Sgd.) EDUARDO R. ERMITAExecutive
Secretary