Implementing Rules and Regulations of Administrative Order No. 10, s. 2018

May 17, 2018

IMPLEMENTING RULES AND REGULATIONS OF ADMINISTRATIVE ORDER NO. 10, S. 2018

RULE 1

General Provisions

SECTION 1. The following implementing rules and regulations are hereby being issued pursuant to Administrative Order No. 10 entitled: Centralizing all Government Efforts for the Reintegration of Former Rebels and Creating for the purpose an Inter-Agency Task Force.

SECTION 2. Declaration of Policy. — It is the policy of the state to prioritize the maintenance of peace and order, the protection of life, liberty, and property and the promotion of the general welfare which are essential for the enjoyment by all the people of the blessings of democracy. For this purpose, an Inter-Agency Task Force for the Reintegration of FRs, to be known as Task Force "Balik-Loob," is hereby created.

2.1. The government shall pursue a comprehensive, integrated, community-based national program that is locally-implemented to address the legal status and security of FRs, as well as their economic, social and psychological rehabilitation needs and provide immediate to long-term interventions that are supported by strengthened institutions to ensure effective implementation and attainment of these desired outcomes.

2.2. The program shall be implemented nationwide anchored on fundamental principles which are indispensable to ensure the effectiveness of the program implementation. It is focused, with seamless and streamlined processes to ensure the E-CLIP's sustained implementation aimed at empowering the individual FR.

RULE 2

Definition of Terms

SECTION 3. Definitions. — As used for purposes of these implementing rules and regulations, the following terms shall mean:

a. Enhanced-Comprehensive Local Integration Program (E-CLIP) — a complete package of assistance to Former Rebels (FRs).

b. Former Rebels (FRs) — beneficiaries of the program who were members of the Communist Party of the Philippines (CPP), New People's Army (NPA) and National Democratic Front (NDF) who voluntarily abandoned the armed struggle and opted to become productive members of the society.

c. Former Rebel Reintegration Plan (FRRP) — refers to the plan resulting from the individual assessment undertaken by the Local Social Welfare and Development Officer (LSWDO) with the FR.

d. Joint AFP-PNP Intelligence Committee (JAPIC) — refers to the committee responsible for verifying the identities of the rebels upon their surrender.

e. Regular Members of NPA — refers to full-time NPA members, such as those belonging to Sandatahang Yunit Pampropaganda (SYP), Platoon Gerilya (PLAGER), Sentro de Grabidad (SDG), and Regional Yunit Gerilya (RYG).

f. Militia ng Bayan (MB) — refers to individuals who have been indoctrinated and may or may not be directly involved in violent armed struggle but, when organized, can provide mass support to the "revolutionary movement" of the CPP/NPA/NDF. These organized individuals form part of the mass-base that serves as revolutionary enforcement in the barrio. They secure the NPA forces while in the community and, at times, are even armed to reinforce the NPA during encounters. They are trained with sniping and Improvised Explosives Device (IED) deployment and detonation, among other armed activities, which eventually qualifies them to become the main source of NPA regulars.

g. Immediate Family — refers to the spouse, direct descendants or ascendants of the FR by consanguinity or affinity.

RULE 3

Composition of the Task Force

SECTION 4. Composition. — The Task Force for the reintegration of FRs, to be known as Task Force Balik-Loob (TFBL) is hereby created composed of representatives, with a rank not lower than Undersecretary, from the Department of National Defense (DND), DILG, OPAPP, Office of the President (OP) and the National Housing Authority (NHA). The Task Force shall be chaired by the DND representative.

The Task Force Chair may invite such other government agencies and instrumentalities to the Task Force, as he may deem necessary.

RULE 4

Powers, Duties and Functions of the Task Force

SECTION 5. Powers, Duties and Functions. — The Task Force shall perform the following functions:

a. Develop the Strategic Communication (StratCom) Plan and the Implementing Guidelines governing the reintegration efforts;

b. Address implementation issues at the national and local levels;

c. Coordinate with concerned Local Government Units (LGUs) to ensure the effective and timely implementation of reintegration efforts;

d. Provide capability assistance to concerned LGUs;

e. Prepare a coordination, monitoring, evaluating and reporting mechanism that shall be used by all concerned agencies in checking the status of the reintegration efforts, particularly their responsiveness, effectiveness, and sustainability;

f. Prepare regular consolidated reports on the implementation of the reintegration efforts to be submitted to the OP;

g. Regularly review and update the StratCom Plan, Implementing Guidelines and other mechanisms to ensure the responsiveness and effectiveness of the reintegration efforts; and

h. Call upon the assistance and cooperation of all concerned government agencies for the effective implementation of AO 10, s. 2018.

RULE 5

Composition, Roles and Functions of the Secretariat

SECTION 6. Composition. — The Task Force Balik-Loob shall be assisted by a Secretariat which shall be composed of Technical Staff drawn from the DND, DILG, OPAPP, Office of the President and the NHA. The Secretariat shall also be chaired by the DND.

SECTION 7. Functions. — The Secretariat shall have the following functions:

a. Assist in the preparation of the Task Force program of action on a yearly basis including targets for the year and expected funding requirements;

b. Provide technical support in the formulation of policies and plans and interventions;

c. Prepare, schedule and arrange the regular meeting of the Task Force;

d. Provide technical assistance to ensure the continuity of the implementation of the program of action, project, or activities of the Task Force;

e. Maintain a database to track the provision of assistance packages;

f. Install efficient monitoring and evaluation system as basis for programming and direction setting;

g. Keep the records of the proceedings of the meetings of the Task Force;

h. Undertake capability building programs as needed;

i. Facilitate the conduct of research initiatives of the Task Force;

j. Develop and maintain a centralized information management system and regularly update the Task Force, its member agencies on the insurgency profile and situation in the Philippines;

k. Coordinate all regular and special meetings of the Task Force; and

l. Perform other tasks which are necessary and incidental to the concerns of the Task Force.

RULE 6

Enhanced Comprehensive Local Integration Program

SECTION 8. Qualified Beneficiaries. — Who are qualified beneficiaries:

a. Regular Members of the CPP-NPA-NDF; or

b. Spouses, partners, children, whether legitimate or illegitimate, parents, or siblings of the FR.

c. Members of the Militia ng Bayan (MB), who surfaced starting April 3, 2018 shall only be eligible to the following assistance: 1) Immediate Assistance; 2) Reintegration Assistance and 3) Firearm Remuneration.

SECTION 9. Period. — The Program shall cover those who shall surface starting April 3, 2018, or issuance of A.O. No. 10.

All FRs who surfaced starting July 1, 2016 shall likewise be provided with benefits from the Program in addition to the CLIP package they have received.

SECTION 10. Certification. — All FRs must be certified by the JAPIC to be entitled to the Program's assistance. This certification shall likewise hold in the event that the person has died while his/her enrolment to the program is being processed. In such a case, his/her identified beneficiaries shall be entitled to the Program's benefits and assistance package.

RULE 7

Benefits and Other Forms of Assistance

SECTION 11. Benefits and Other Forms of Assistance. — All FRs or their qualified beneficiaries shall be entitled to the following benefits and other forms of assistance:

a. Safety and security guaranteed by the Local Government Unit (LGU) and/or Philippine National Police (PNP) in cooperation with the Armed Forces of the Philippines (AFP) from the time the FR surfaced, and while he/she is enrolled under the Program for three (3) years;

b. Immediate Assistance in the amount of FIFTEEN THOUSAND PESOS (PhP15,000.00) per FR, for mobilization expenses while his/her enrolment in the Program is being processed;

c. Support for the Receiving Unit in the amount of TWENTY-ONE THOUSAND PESOS (PhP21,000.00) to defray the subsistence or meals cost of FR while in the custody of the Receiving Unit, and other incidental expenses that may be incurred while processing the JAPIC Certification such as: securing FR's birth certificate and identification card and, mobility expenses;

d. Facilitation by the LSWDO for the registration of birth and/or marriage certificates and issuance of Identification Cards (IDs), such as postal and voter's ID, as part of restoring or affirming the FR's identity in society. The expenses that may be incurred in this process shall be covered by the Receiving Unit;

e. Support to relocate and secure the FR and his/her family;

f. Evaluation of the detailed assistance required by the former rebel to live a normal life conducted by the Provincial Social Welfare and Development Officer. This shall be accomplished with the submission of the Initial Interview Form;

g. Livelihood Assistance in the amount of FIFTY THOUSAND PESOS (PhP50,000.00) per FR;

h. Firearms remuneration in the amount of the valuation of turned-in firearms based on the Implementing Guidelines and Procedures for the Disposition of Firearms, Explosives and Ammunition (FEA) of the former New People's Army (NPA) Rebels (FR) under the Enhanced Comprehensive Local Integration Program to provide additional funds to the activities reflected in the FRRP including, but not limited to, capacity building, skills trainings, provision of shelter, and legal assistance;

i. Temporary shelter for surrenderees or "Halfway House Assistance" while awaiting their processing for enrolment to the Program. During the FR's stay, lectures, workshops, and other de-radicalization activities to facilitate their reintegration to mainstream society may be conducted. A separate room or facility shall be provided for individual women FRs; CAIHTE

j. PhilHealth enrolment under the PAMANA-PhilHealth Sponsored Program with one-year validity. It shall be open for renewal, subject to availability of funds. Availment of insurance will be guided by the PAMANA-Philhealth Sponsored Program guidelines issued by the PhilHealth and the Office of the Presidential Adviser on the Peace Process (OPAPP). This shall be applicable to those not covered by other sponsored programs of PhilHealth;

k. Medical Assistance package provided by the Department of Health (DOH) including, but not limited to, physical examination, immunization and vaccination, and support to hospitalization for the duration of enrolment under the Program;

l. Housing Assistance and/or Housing Unit from the National Housing Authority (NHA) shall be given to each FR;

m. Modified Conditional Cash Transfer where, should the FR prefer and be qualified, the Provincial Social Welfare and Development Officer (PSWDO) shall refer him/her to the Department of Social Welfare and Development (DSWD) for enrolment under this program;

n. Legal assistance, where, should the FR require, under the DOJ-Public Attorney's Office (PAO);

o. Livelihood materials and implements;

p. Healing and reconciliation initiatives to provide psycho-social support to FRs, and immediate families through the E-CLIP Committee; and

q. Any other additional assistance that may be determined based on the FRRP and sourced out from partner institutions/agencies. This may include capacity building and skills training, among others, if necessary.

RULE 8

Institutional Mechanism

SECTION 12. Institutional Arrangement with Partner Agencies and Instrumentalities. — All concerned agencies and instrumentalities, but not limited to the members of the Task Force, shall ensure efficient complementation of resources and interventions as reflected in their respective plans, programs and projects, with the corresponding budgets to support the reintegration efforts.

Each agency concerned shall likewise comeup with their respective enabling policies or set guidelines on the programs and projects necessary, to ensure holistic convergence efforts for the effective implementation of the Enhanced Comprehensive Local Integration Program (E-CLIP). Initially, in view of the provisions of the AO, the following agencies shall within one (1) month, issue their respective guidelines on the following:

A. DND on the administration and operationalization of the Task Force.

B. DILG on the administration of financial assistance for Former Rebels (FRs), namely:

• Immediate Assistance

• Livelihood Assistance

• Firearm Remuneration

• For the receiving unit

• For the construction of Halfway House

C. OPAPP on the implementation of the PAyapa at MAsaganang PamayaNAn (PAMANA) Program.

D. NHA on the provision of Housing Assistance to beneficiaries.

E. Other departments, agencies and instrumentalities for their respective assistance packages such as but not limited to DBM, DSWD, DOLE, DTI, DOH, DOJ, DA, DepEd, CHED, DPWH, TESDA, CDA, NCIP, PhilHealth, and PCOO that may be tapped to complement and supplement the reintegration program for FRs.

RULE 9

Miscellaneous Provisions

SECTION 13. Adoption of Task Force Meeting Internal Rules. — The Task Force shall meet regularly and adopt its own internal rules. Only official members shall be allowed to participate in the discussions, raise motions and vote. Resource persons or observers may be allowed by the Task Force to attend to clarify or answer questions that may be raised in the meeting.

SECTION 14. Separability Clause. — Should any part of provision of this IRR be held unconstitutional or invalid, the other parts or provisions hereof shall not be affected and shall continue to be in full force and effect.

SECTION 15. Repealing Clause. — All orders, rules and regulations, issuances or any part thereof inconsistent with the provisions of this IRR are hereby repealed, amended or modified accordingly.

SECTION 16. Supplemental Guidelines. — The member-agencies and implementing partners of the Task Force shall issue such additional implementing rules and regulations, in conformity with this IRR as may be necessary for the implementation of the program.

SECTION 17. Effectivity. — This IRR shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation and after registration with the Office of the National Administrative Register (ONAR), UP Law Center, Quezon City.

APPROVED and ADOPTED this 17th day of May 2018, in Quezon City, Philippines.

(SGD.) SECRETARY DELFIN N. LORENZANADepartment of National Defense

(SGD.) UNDERSECRETARY EDUARDO M. AÑODepartment of the Interior and Local Government

(SGD.) GENERAL MANAGER MARCELINO P. ESCALADA, JR.National Housing Authority

(SGD.) SECRETARY JESUS G. DUREZAOffice of the Presidential Adviser on the Peace Process

(SGD.) UNDERSECRETARY NELSON J. ESTARESOffice of the President

 

Published in Philippine Daily Inquirer on June 20, 2018.