EXECUTIVE ORDER NO. 236 April 22, 1995

ORGANIZING THE NATIONAL COMMITTEE ON ILLEGAL ENTRANTS, REPEALING E.O. 656, SERIES OF 1981, TO ENSURE EFFECTIVE COORDINATION AMONG MEMBER AGENCIES IN THE INVESTIGATION AND DISPOSITION OF CASES INVOLVING THE ILLEGAL ENTRY OF FOREIGN NATIONALS AND VESSELS, AND PROVIDING FUNDS FOR ITS OPERATION

WHEREAS, it is a declared national policy of the Philippines to safeguard its territorial integrity and its sovereign right to explore and exploit, develop and manage its marine resources in accordance with existing laws;

WHEREAS, it is the objective of the National Government to effectively enforce its laws, rules and regulations on the entry of foreign nationals and vessels into Philippine territorial waters through the effective coordination of the investigative functions of the concerned law enforcement agencies in relation to the conduct of foreign nationals and vessels;

WHEREAS, there is a need for a forum to discuss issues for the purpose of formulating and submitting policy recommendations to the President on the investigation and disposition of cases involving the illegal entry of foreign nationals and vessels;

WHEREAS, cases of illegal entry of foreign nationals and vessels into Philippine waters have increased;

WHEREAS, there is an imperative and urgent need to create a coordinative committee on the investigation and disposition of cases involving the illegal entry of foreign nationals and vessels, and to facilitate and expedite government processes in the resolution of such cases;

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

Sec. 1. ORGANIZING THE NATIONAL COMMITTEE ON ILLEGAL ENTRANTS

The NATIONAL COMMITTEE ON ILLEGAL ENTRANTS, hereinafter referred to as the Committee, is hereby organized to be composed of the following agencies:

1. Department of Foreign Affairs Chairman

2. Department of Justice Vice-Chairman

3. Department of National Defense Co-Vice Chairman

4. Department of Interior and Local Government Co-Vice Chairman

5. Philippine National Police Member

6. Armed Forces of the Philippines Member

7. Bureau of Immigration Member

8. Bureau of Customs Member

9. Bureau of Fisheries and Aquatic Resources Member

10. Philippine Navy Member

11. Philippine Coast Guard Member

12. National Intelligence Coordinating Agency Member

13. Economic Intelligence and Investigation Bureau Member

Sec. 2. FUNCTIONS AND POWERS OF THE COMMITTEE - The Committee shall exercise the following powers and functions:

a. Perform and serve as a forum for the effective coordination of the investigation, prosecution and final disposition of all case of illegal entry, smuggling, and illegal fishing committed by foreign nationals and vessels;

b. Perform and serve as a forum for the exchange of information on cases of illegal entry, smuggling, and illegal fishing committed by foreign nationals and vessels;

c. Submit policy recommendations to the President on the enforcement of laws, rules and regulations on the entry of foreign nationals and vessels into Philippine territorial waters;

d. Submit recommendations to the President regarding cases of illegal entry, smuggling and illegal fishing involving foreign nationals and vessels, when necessary;

e. Create regional and provincial committees on illegal entrants, where necessary, to assist the Committee in the performance of its tasks at the local level;

f. Act on all recommendations and reports of the regional and provincial committees on all cases of illegal entry, smuggling, and illegal fishing involving foreign nationals and vessels;

g. Adopt its operational guidelines, rules of procedure, and regulations in order to effectively carry out its mandate including its supervision over the regional and provincial committees on illegal entrants;

h. Call on any department, bureau, office or agency of the government to assist the Committee in the discharge of its functions; and

i. Perform such other powers and functions as may be necessary to attain its objectives.

Sec. 3. COMMITTEE SECRETARIAT

The Committee shall have a Secretariat which shall be under the direct supervision of the Chairman. The Secretariat shall assist in coordinating the activities of the Committee as well as provide administrative support.

Sec. 4. REPORT TO THE PRESIDENT - The Committee shall submit to the President a quarterly report of its activities.

Sec. 5. FUNDING - Subject to the availability of funds, the amount of FIVE MILLION PESOS (P5,000.00) is hereby authorized to be set aside from the Contingency Fund of the President to cover the costs of the Committee's activities in 1995. Appropriations for the succeeding years shall be incorporated in the budget proposal of agencies concerned with the apprehension and custody of detained illegal entrants and of seized vessels and cargo. Administrative expenses of the Committee and travel costs of Committee members shall be incorporated in the DFA budget proposals for this Committee subject to the existing accounting and auditing laws and regulations.

Sec. 6. REPEALING CLAUSE - This Executive Order 656, Series of 1981, is hereby repealed. All other Executive Orders, administrative orders, rules and regulations inconsistent herewith are hereby repealed or modified accordingly.

Sec. 7. EFFECTIVITY - This Executive Order shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper or general circulation.

Done in the City of Manila, this 22nd day of April in the year of our Lord, nineteen hundred and ninety-five.