Executive Order No. 41 - Presidential Task Force Against Illegal Recruitment (PTFAIR)

MALACAÑAN PALACE

MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 41

REACTIVATING THE PRESIDENTIAL TASK FORCE AGAINST ILLEGAL RECRUITMENT CREATED UNDER EXECUTIVE ORDER NO. 759 (S. 2008) AND STRENGTHENING THE SAME

WHEREAS, the Presidential Task Force Against Illegal Recruitment (PTFAIR) created under Executive Order No. 759 (s. 2008), which is tasked to coordinate programs and initiatives of all government agencies concerning illegal recruitment, was automatically dissolved after two years from its effectivity;

WHEREAS, despite concerted efforts to eliminate illegal recruitment, this social menace continues to persist and pose a continuing threat to Filipino workers, their financial resources and properties;

WHEREAS, the State has the obligation to safeguard public interest and to prevent Filipino workers from being victimized by unscrupulous recruiters and their cohorts and to bring to justice these perpetrators of illegal recruitment;

WHEREAS, to effectively combat illegal recruitment, it is critical for concerned government agencies at the national and local levels to cooperate, collaborate, and coordinate with each other more effectively and in partnership with non-government organizations and other concerned private entities;

WHEREAS, there is a need to reactivate and strengthen the PTFAIR under the supervision of the Vice President, being the Presidential Adviser on Overseas Filipino Workers’ Concerns, in order to sustain a more focused, coordinated, and effective program of action to curb illegal recruitment; and

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, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Reactivating and Strengthening the PTFAIR. The PTFAIR is hereby reactivated and strengthened. It shall be under the supervision of the Vice President of the Philippines for policy and program coordination.

SECTION 2. Composition. The PTFAIR shall be composed of the following:

Chairperson:	The Vice President
Vice- Chairpersons:	Secretary, Department of Labor and Employment (DOLE) Secretary, Department of Justice (DOJ)
Members:	Secretary, Department of Foreign Affairs (DFA)  Secretary, Department of the Interior and Local Government (DILG) Administrator, Philippine Overseas Employment Agency(POEA) Commissioner, Bureau of Immigration (BI) Prosecutor General, DOJ Director, National Bureau of Investigation (NBI) Head, Philippine National Police – Criminal Investigation and Detection Group (PNP-CIDG) General Manager, Manila International Airport Authority (MIAA)

The Chairperson may recommend to the President the inclusion of other members to the PTFAIR as the circumstances and exigencies may require.

SECTION 3. Functions. The PTFAIR shall coordinate programs and initiatives of the government agencies concerned in addressing 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 international airports and other ports of departure;

b. Development and execution of strategies against syndicates responsible for tampering with and the sale of spurious passports and travel documents; and

c. Prosecution of illegal recruiters and syndicates, their cohorts, protectors, and coddlers.

SECTION 4. Powers. In pursuit of its functions as defined in the preceding section, the PTFAIR shall have the responsibility and authority to:

a. Conduct surveillance and entrapment operations of persons alleged to be engaged in illegal recruitment as defined in Section 6 of Republic Act No. 8042, as amended, including, but not limited to, “escort” services at international airports and other ports 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 the progress of such cases;

c. Coordinate with existing bodies, agencies, and other instrumentalities currently involved in the campaign against illegal recruitment;

d. Hire lawyers, operatives, and support staff in such number as the circumstances and exigency of the service may require, whose terms shall be coterminous with that of the PTFAIR;

e. Initiate and undertake such projects and activities in coordination and partnership with concerned government agencies, non-government organizations and private entities;

f. Organize Anti-Illegal Recruitment Task Forces at the regional levels, in coordination with the concerned local government units and agencies; and

g. Perform other powers and functions as may be deemed necessary by the Chairperson for the effective discharge of its mandate or as may be directed by the President.

SECTION 5. Operational and Law Enforcement Arm. The NBI and the PNP-CIDG shall serve as the operational and law enforcement arms of the PTFAIR. They shall operate as a composite team with the POEA, BI, and other members of the PTFAIR.

SECTION 6. Secretariat. The Anti-Illegal Recruitment Branch of the POEA shall serve as the Secretariat of the PTFAIR, and shall prepare and submit periodic reports to the Office of the President through the PTFAIR Chairperson.

The Secretariat shall also prepare an operational and procedural manual to guide the operations of the PTFAIR to ensure that all existing laws, rules, and regulations are followed, and that basic rights of persons are protected.

SECTION 7. Office. The POEA shall provide sufficient space, office requirements, and utilities at its premises in the Blas F. Ople Building, EDSA corner Ortigas Ave., Mandaluyong City, to serve as the principal office of the PTFAIR, without costs to the latter.

SECTION 8. Assistance and Cooperation. All other government agencies are hereby directed to actively coordinate and cooperate with the PTFAIR and support the anti-illegal recruitment campaign of the government. For this purpose, the Chairperson may call upon the heads of government agencies for assistance, as may be necessary.

SECTION 9. Funding. 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 for the additional funding requirements that may be needed by the PTFAIR, subject to the usual government accounting and auditing rules and regulations.

The President may, subject to his discretion, allocate additional funds for the PTFAIR through the General Appropriations Act.

SECTION 10. Separability Clause. If any provision of this Executive Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

SECTION 11. Repealing Clause. All orders, rules, regulations, and issuances or part thereof, which are inconsistent with this Executive Order, are hereby repealed amended, or modified accordingly.

SECTION 12. Effectivity. This Executive Order shall take effect immediately upon publication in a newspaper of general circulation.

Done in the City of Manila on this 29^th day of April, in the year of our Lord, Two Thousand and Eleven.

(Sgd.) BENIGNO S. AQUINO III

By the President:

(Sgd.) PAQUITO N. OCHOA, JR.

Executive Secretary