MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ EXECUTIVE ORDER NO. 759, October 23, 2008 ]
CREATING A TASK FORCE AGAINST ILLEGAL RECRUITMENT
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:
a. 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;
b. development and execution of strategies against syndicates responsible for tampering and sale of spurious passports and travel documents; and
c. 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:
a. 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;
b. cause or direct the immediate investigation and speedy prosecution of cases involving illegal recruitment and monitor progress of such cases;
c. coordinate with existing bodies, agencies and other instrumentalities currently involved in the campaign against illegal recruitment; and
d. 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 MACAPAGAL-ARROYO
By the President:
(Sgd.) EDUARDO R. ERMITA
Executive Secretary
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