(3rd Draft)

 

 

 

Republic of the Philippines

HOUSE OF REPRESENTTIVE

Quezon City, Metro Manila

 

ELEVENTH CONGRESS

 

HOUSE BILL NO._______

___________________________________________________

INTRODUCED BY REPRESENTATIVE ROILO GOLEZ

 

EXPLANATORY NOTE

 

The growing sophistication of transnational crime (TNC) demands a concerned, synchronized and focused effort from all law enforcement, intelligence and concerned agencies of the government. TNC has created a tremendous impact on the political, economic and socio-cultural stability, security and investment prospect in the future of the country.

 

This bill is the manifestation of the government, strong desire to address head-on organized criminal groups and suppress their illegal activities. The rise in the incidents of human trafficking, illicit trafficking of drugs and other psychotropic substances, firearms smuggling, piracy, money laundering, terrorism, international fraud, environmental crime, and commercial crime are only among the few which was considered transnational in character; the term transnational dimension shall mean the involvement of two more countries before, during and after the fact.

 

Due to seemingly duplication, rivalry and unorchestrated efforts of law enforcement agencies, there is a need to link, coordinate the missions, functions and responsibilities of the various supporting agencies to effectively address the transnational crime. The individual efforts of the concerned agencies should harmoniously complement one another.

 

This act further defines the vision, mission, power and functions of the Center, including its organizational structure, plantilla positions, appropriations and miscellaneous provisions.

 

Considering the importance of this Bill, I earnestly recommend the early approval.

 

 

 

 

AN ACT CREATING THE PHILIPPINE CENTER

ON TRANSNATIONAL CRIME

                                                House Bill No. _________

 

CHAPTER I

 

GENERAL PROVISIONS

 

            Sec. 1.             Short Title.   -    This Act shall be known as the “Philippine Center on Transnational Crime Act of 1999.”

 

            Sec. 2.             Declaration of Policy.  -   It is hereby declared the policy of the State to combat all forms of transnational crime, promote global cooperation and coordination, and ensure a safe and peaceful place to live on. In this regard, the government shall:

 

(a)       coordinate and synchronize the efforts of all law enforcement intelligence and other concerned agencies of the government to effectively combat transnational crime; 

 

(b)       establish a center  necessary to concretize cooperation, orchestrate concerted operations, and data resource sharing between and among local agencies and with foreign countries and international organizations involved in the crusade against transnational crime; and

 

 

(c)       establish a central database of information on all forms of transnational crime for the purpose of intelligence analysis, typologies and trends and for sharing with all local and international law enforcement agencies subject to existing policies and guidelines.

 

            Sec. 3.             Definition of Terms.   -  

 

(a)    Center  - shall mean the Philippine Center on Transnational Crime.

 

(b)    Transnational Crime - shall mean a serious crime which is usually committed by an organized criminal group for profit and which has international dimension, such as, but not limited to the following:

 

 (b1) the offense is committed within two or more jurisdictions; or

 

(b2) the members of the criminal group are nationals of two or more jurisdictions;

 

(b3) the offense is committed in one jurisdiction, but the victim is a national or entity of another jurisdiction; (b4) if the offense is committed in one jurisdiction but planned, directed and controlled in another jurisdiction.

 

(c)    Drug Trafficking – includes the following prohibited acts:

 

d1.  the production, manufacture, extraction, preparation, offering, offering for sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation or exportation of any narcotic drug or any psychotropic substance;

 

d2.  the cultivation of opium poppy, coca bush or cannabis plant for the purpose of the production of narcotic drugs;

 

d3. the possession or purchase of any narcotic drug or psychotropic substances;

 

d4. the manufacture, transport or distribution of equipment, materials or of substances, knowing that they are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs or psychotrotreptin substances;

 

d5. the organization, management or financing of any of the offenses enumerated above.

 

(d)       Money Laundering – the conversion or transfer of property knowing that such property is derived from criminal offense, for the purpose of concealing or disguising the illicit origin of the property or assisting any person who is involved in the commission of such offense, or offenses to evade the legal consequence of his action.

 

(e)       Terrorism – the intentional use of violence, threat or intimidation or destruction of lives and property with the objective of creating a state of fear in the public mind to achieve a purported political end, to coerce or influence their behavior, to undermine the confidence of the general public on the government.

 

(f)        Trafficking in Person – involves the recruitment, transfer and deployment of persons, particularly women and children, through legal and illegal means, with or without the victims consent or knowledge, within or across national borders, often involving coercion, abuse of authority, debt bondage, deception, and for settlement , work or services, characterized by forced labor, slavery-like practices and prostitution.

 

(g)       Piracy – any act of violence or detention, or any act of depredation, committed for private ends by the crew or passengers of a private ship and directed on the high seas or in a place outside the jurisdiction of any state 

 

Sec. 4.                         Philippine Center on Transnational Crime.  -   To carry out the declared policy, there is hereby created the Philippine Center on Transnational Crime (PCTC) under the Office of the President, hereinafter referred to as the Center, which shall formulate and implement a concerted program of action of all law enforcement, intelligence and other government agencies for the prevention and control of transnational crime. It shall be placed under the general supervision and control of the Secretary of the Interior and Local Government.

 

Sec. 5.     Powers and Functions.  -  The Center shall have the following powers and functions:

           

(a)     Establish, through the use of information and telecommunication technology, a shared central database among government agencies for information on criminals, methodologies, arrests and convictions on transnational crime but not limited to the following:

 

a.1 Illicit trafficking of narcotic drugs and psychotropic substances;

 

a.2   Money Laundering;

 

a.3   Trafficking in persons;

 

a.4   Fraud and Counterfeiting currency;

 

a.5   Terrorism;

 

a.6   Smuggling;

 

a.7   Piracy; and

 

a.8  Other crimes that have political, economic and socio-cultural impact on the security and stability of the country.

 

(b)     Supervise and control the conduct of anti-transnational crime operations of all government agencies and instrumentalities;

 

(c)     Exercise general supervision and control over the following:

 

                        b.1            Loop Center of the NACAHT;

                        b.2       INTERPOL NCB-Manila;

                        c.3            Police Attaches of the PNP; and

c.4 Police Attaches/Counselors for Security Matter of the      DILG.

The participation of government personnel in international training activities, seminars and conferences pertaining to or having to do with transnational crime shall have the proper endorsement of the Center.

 

(d)     Establish a central database on national as well as international legislation and jurisprudence on transnational crime, with the end view of recommending measures to strengthen responses and provide immediate intervention for the prevention, detection and apprehension of criminals operating in the country;

 

(e)     Establish a center for strategic research on the structure, typologies and dynamics of organized transnational crime in all its forms, predict trends and analyze relationship of given factors for the formulation of individual and collective strategies for the prevention and detection of transnational organized crime and fro the apprehension of criminal elements;

 

(f)       Design programs and projects aimed at national capacity-building in combating transnational crime, as well as supporting the related programs and projects of other ASEAN and international centers;

 

(g)     Explore and coordinate information exchanges and training with other  government agencies, foreign countries and international organizations involved in the combat  against transnational crime;

 

(h)     Endorse the participation of government personnel in international training activities, seminars and conferences pertaining to or having to do with transnational crime.

 

(i)       Select personnel from within the NAPOLCOM, PNP and other government agencies for detail with PCTC and engage the services of highly qualified individuals on need basis;

 

(j)       Enlist the assistance of any department, bureau, office, agency or instrumentality of the government, including government-owned and controlled corporations, to carry out its functions, including the use of their respective personnel, facilities and resources; and

 

(k)     Perform such other functions and carry-out such activities as may be directed by the President.

 

 

                                     CHAPTER II

 

                    ORGANIZATION OF THE CENTER

 

Sec.  6.                        Composition.  -  The Center shall be headed by an Executive Director to be assisted by a Deputy Executive Director and six (6) Directorates, each headed by a Director. Other Directorates may be created as circumstances dictate.

 

Sec. 7.             Office of the Executive Director.  -  The Office of the Executive Director shall consist of the Executive Director who shall be appointed by the President, without the required confirmation by the Commission on Appointments.

 

The Executive Director shall have the following functions;

 

(a)                Establish policies and standards for the effective and efficient operation of the Center in accordance with the programs and thrusts of the Government;

 

(b)               Exercise direct supervision and control over all functions and activities of the Center, as well as all its officers and personnel;

 

(c)                Create directorates and such other services units and divisions as may deem necessary; and

 

The Executive Director shall be an ex officio member of the National Law Enforcement Coordinating Council (NALLECC).

 

            Sec. 8.            The Deputy Executive Director.  -  The Executive Director shall be assisted by the Deputy Executive Director who shall be appointed by the Secretary of the Department of Interior and Local Government upon the recommendation of the Executive Director, who shall act as such in case of absence or incapacity of the latter.

 

Sec. 9.   Directorates for Administration and Finance.    -    This Directorate shall formulate and supervise the implementation of personnel administrative policies, rules and regulations, promote human resource development, provide logistical support and manage logistical resources, prepare the budgetary requirements and manage financial resources, and perform other related functions.

 

            Sec. 11            .      Directorate for Research.   -  This Directorate shall collate, evaluate and process all information pertaining to transnational crimes to include personalities, organization, modus operandi and linkages from various sources, prepare intelligence estimates, summaries, assessments, intelligence briefings and periodic reports on transnational crimes for use of operating units, produce accurate and timely intelligence analysis and trends on transnational crime, conduct research and special studies, position papers and other special reports, initiate intelligence exchange with various international organizations and law enforcement agencies  of  foreign countries, formulate and supervise the implementation n of counter-intelligence security policies, rules and regulations, maintain and update database information system on transnational crime and perform such other related functions.

 

Sec. 12.   Directorate for Operations.   -  This Directorate shall coordinate, supervise and control the conduct operations and investigations of transnational crimes by law enforcement and intelligence agencies, orchestrate efforts of government agencies in the collection, handling and maintenance of information and intelligence on transnational crimes, act as the primary channel of communication and point of contact between PCTC and other intelligence and law enforcement agencies to include foreign counterparts and attaches, conduct a periodic evaluation of the operational readiness of the various law enforcement agencies engaged in anti transnational crime operations and perform other related functions.

 

Sec. 13.   Directorate for Technology Management.  -  This Directorate shall develop, maintain and maintain an integrated computerized information system and database on transnational crimes, manage and maintain the communications and electronics equipment and facilities, support other technology requirements of PCTC, formulate information system security policies, rules and regulations, promote information technology awareness and literacy among personnel of PCTC and perform other functions.

 

Sec. 14.   Directorate for Plans and Programs.  -  This Directorate shall have the following functions design plans, programs and projects aimed at enhancing national capability in combating transnational crime, establish and manage a central database on national as well as international legislation and jurisprudence on transnational crime, coordinate with appropriate legislative bodies and prepare position papers on pertinent legislative proposals, prescribe standards and harmonize training on anti transnational crime, review and update PCTC organizational structure and development plan and perform other related functions.

 

Sec. 15.   Directorate for Legal Affairs.  -  This Directorate shall provide assistance to the Executive Director, Philippine Center on Transnational Crime (PCTC), different Directorates and other organic personnel on legal issues, conduct legal researches on cases brought by operating units to come up with legal strategy for the disposition of the said cases, coordinate with Legal entities of different Government Agencies in the enhancement of legal counter measures on transnational crimes, liaison with Congress for the formulation of International laws essential to PCTC functions, conduct exchange of information with other state parties for the formulation of international laws and other issuances, assist operating units for the prosecution of cases involving transnational crimes and coordinate with the Department of Justice for the effective prosecution of offenders, monitor cases of extradition, deportation and any other sensational transnational cases involving Filipino nationals abroad, maintain and keep records of all pertinent laws and relevant cases pertaining to transnational crime, and perform other related functions.

 Sec. 16.   Qualifications. - The following qualifications shall apply to the following officers:

 

a. Executive Director / Deputy Executive Director.

             

            a.1.   Advanced degree, preferably Ph.D. in any of the following areas:  International Relations, National Security, Public Safety, Public Administration, Political and Social Science, Economics; 

            a.2.     At least 15 years experience in dealing with a wide spectrum of law enforcement and an exemplary track record of service in  the academic, government and/or international organizations;

a.3.     At least 10 years in a supervisory capacity with proven managerial and leadership abilities.  Ability to lead and manage activities in a broad range of areas of local and international cooperation covering law enforcement;

a.4.     Experience in development planning and project formulation would be an advantage;

a.5.      Familiarity with and broad exposure to regional or international issues and developments;

a.6.     Ability to conduct concise policy briefings and prepare terse policy papers;

a.7.      Preferably at least 40 years of age; and

a.8.    Equivalent rank of Police Director for the Executive Director and Police Chief Superintendent for the Dep Exec Director.

 

b. Director / Assistant Director for Administration and Finance.

 

b.1.       Master’s Degree in Management/Administration;

b.2.    At least 10 years experience with proven track record in human resource administration, finance and logistics in a government, or multinational company or international organization, with at least 5 years experience in a supervisory capacity;

b.3.   Ability to plan, develop and manage recruitment and selection, performance management, organizational structure;

b.4.      Good knowledge in finance and related accounting functions;

b.5.      Preferably at least 35 years of  age; and

b.6.     Equivalent rank of Police Superintendent for the Director and Police Chief Inspector for the Assistant Director.

 

 

 

c. Director / Assistant Director for Research.

 

       c.1. Master’s degree in international relations, social and political science, public administration, public safety;

 

c.2. At least 10 years experience with proven track record in government institutions and preferably in international organizations in law enforcement fields, with at least 5 years experience in a supervisory capacity;

 

c.3. Experience in working with international organizations is preferred;

 

c.4. Ability to conduct strategic research and knowledge of document management information system is an advantage;

 

c.5. Capability to draw analysis for the purpose of policy development;

 

c.6. Preferably at least 35 years of age; and

 

c.7. Equivalent rank of Police Superintendent for the Director and Police Chief Inspector for the Assistant Director.

 

 

d. Director / Assistant Director for Operations.

 

d..1. Master’s degree in international relations, social and political science, public safety, public administration;

 

d.2. At least 10 years experience with proven track record in government institutions, and preferably in international organizations in law enforcement field, with at  least 5 in supervisory capacity;

 

d.3. Experience in working with international organizations would be an advantage;

 

d.4. Experience in development planning and project formulation would be an advantage;

 

d.5. Preferably at least 35 years of age;

 

d.6. Equivalent rank of Police Superintendent for the Director and Police Chief Inspector for the Assistant Director.

 

e.  Director / Assistant Director for Plans and Programs.

 

e.1. Master’s degree in international relations, social and political science, public safety, public administration;

 

e.2. At least 10 years experience with proven track record in government institutions, and preferably in international organizations in law enforcement fields, with at least 5 in supervisory capacity;

 

e.3. Experience in working with international organizations would be an advantage;

 

e.4. Experience in development planning and project formulation would be an advantage;

 

e.5. Ability to plan, develop and manage training and development;

 

e.6. Preferably at least 35 years of age; and

 

e.7. Equivalent rank of Police Superintendent for the Director and Police Chief Inspector for the Assistant Director.

                       

 

 

                          f. Director / Assistant Director for Technology Management.

 

    f.1. Master’s degree in computer engineering or information management or in computer management;

 

     f.2. At least 8 years experience in systems analysis, design, information, documentation and maintenance; programming techniques and project management both in Intranet and Internet environments with exposure in government, private sector and/or international organization;

 

     f.3. At least 5 years experience in supervisory capacity;

 

     f.4. Ability to develop and implement an integrated management plan to cater to the needs of the users of local and international news, data and other information;

 

     f.5. Ability to supervise a computer unit and the development of planning, administration, operations and communications of computer systems;

 

     f.6. Working experience in the operating systems and environments such as SQL Server, Exchange Server, Internet Information Server and Windows NT and in managing Local Area Network/Wide Area Network;

 

    f..7. Preferably at least 35 years of age; and

 

    f..8. Equivalent rank of Police Superintendent for the Director and Police Chief Inspector for the Assistant Director.

 

g. Directorate / Assistant Director for Legal Affairs

 

    g.1.                   A person engaged in the practice of law for at least 5 years with             working experience in local laws and jurisprudence relative to transnational             crime, preferably a prosecutor;

 

    g.2.                   Working knowledge in international law and jurisprudence,             conventions, protocols, mutual legal assistance and other agreements among             states, jurisdictions and             international organizations;

 

    g.3.                   In-depth investigation, research and prosecution transnational             crimes;

 

    g.4.                   Preferably at least 35 years old; and

 

    g.5.                   Equivalent rank of Police Superintendent for Director and Police             Chief Inspector for Assistant Director.

 

 

h. General Qualifications.

 

h.1. Sensitivity to relationships in a multi-cultural & multi-disciplinary environment;

 

h.2. Sound knowledge of computer skills and supporting data analysis;

 

h.3. Fluent in both spoken and written English, including drafting skills;

 

h.4. Good communication and interpersonal skills;

 

h.5. Good project management skills; and

 

h.5. Ability to work in a team.

 

            Sec. 17.            Council of Advisers on Transnational Crimes.  -  A council of advisers on transnational crime consisting of five (5) members appointed by the President from the law enforcement, judiciary, legislative, financial and the public sectors shall advise the President on the overall strategy in the combat of this new criminal dimension.

 

            The President shall convene the council within thirty (30) days upon approval of this Act.

 

CHAPTER III

 

APPROPRIATIONS

 

            Sec. 18.            Appropriations.    -   Financial allocations as may be necessary for the implementation of this act shall be taken from the current fiscal year appropriations of the Office of the President and/or such amounts as the President of the Philippines may allocate from other resources in accordance with law; Provided, that the total amount shall not exceed one hundred million pesos (P100, 000,000.00). Thereafter, the amount needed for the operation and maintenance of the Center shall be included in the annual General Appropriations Act.

 

 

 

 

CHAPTER IV

 

MISCELLANEOUS PROVISIONS

 

Sec. 19.  Relationship with Other Government Departments.    – The Center shall enjoy preferential attention from other departments and agencies, with proper endorsement from the Office of the President or the DILG Secretary relative to the conduct of research, coordination, operation, investigation and in the matter of providing database information relevant for the effective combat of transnational crime.

 

            Sec. 20.  Tasking Powers.  – The Executive Director of the Center, with the proper endorsement or authority granted by the President or the DILG Secretary, shall have the tasking authority over all law enforcement agencies and other government entities for the conduct of operation and other relevant anti-transnational crime activities .

 

            Sec. 21.  Repealing Clause.  – All laws, presidential decrees, executive orders, and rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

 

            Sec. 22.  Separability Clause.     – If, for any reason, any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby.

 

            Sec. 23.  Effectivity Clause.   -  This Act shall take effect after its complete publication in at least two (2) national newspapers of general circulation.

 

            Approved: ____________________.

 

 

 

 

AttyQuilates//kim3/pctc bill