EXECUTIVE ORDER NO. 57
EXECUTIVE ORDER NO. 57 - CREATING A
SPECIAL HEARING DIVISION AND A TEAM OF PROSECUTORS IN THE BUREAU OF
CUSTOMS TO EXPEDITE SEIZURE PROCEEDINGS AND PROSECUTE OFFENDERS
WHEREAS,
there has been an increase in the number of smuggling cases that have
deprived the government of revenue;
WHEREAS, there are Collection Districts of the Bureau of Customs that
need lawyers to act as government prosecutors and hearing officers in
seizure cases;
WHEREAS, government interest and that of the importers require that
seizure proceedings be conducted in an expeditious manner but without
sacrificing the basic requirement of due process;
WHEREAS, the President of the Republic of the Philippines has the
continuing power to reorganize the National Government as provided
under Presidential Decree No. 1416, as amended by Presidential Decree
No. 1772 and Executive Order No. 292, otherwise known as the
Administrative Code of 1987;
NOW, THEREFORE, I PRESIDENT JOSEPH EJERCITO ESTRADA, do hereby order
the following:
Section 1. Declaration of Policy. — It shall be the
policy of the state to protect and develop the national economy and
general welfare by increasing the collection of government revenues,
particularly import duties and taxes, and the suppression of all forms
of fraudulent practices and other violations of the Tariff and Customs
Code and other laws being enforced by the Bureau of Customs.
Sec. 2. The Special Hearing Division and Special
Team of Prosecutors. —
A. In order to carry out the foregoing policy, a
Special Hearing Division under the Deputy Commissioner for Revenue
Collection and Monitoring is hereby created with the following
objectives:
1.
To institute an orderly, fair and speedy conduct of seizure
proceedings, particularly, when they involve sensitive articles, or
when the appraised value of the seized articles exceeds Two Million
Pesos (P2,000,000.00);
2. To
establish and maintain the legality and integrity of the seizure
proceedings; and
B. A Special Team of Prosecutors under the Deputy
Commissioner for Intelligence and Enforcement Group is likewise created
with the following objectives:
1.
To act as legal consultants to the Presidential Task Force Against
Smuggling;
2. To evaluate
evidence gathered by the task force and make a determination of whether
or not an infringement of the Tariff and Customs Code or related laws
and regulation has been committed;
3. To
recommend for the issuance of Warrant of Seizure and Detention in
appropriate cases and coordinate with other prosecuting arms of the
government in filing the appropriate administrative and criminal
charges against persons responsible for the violation of the Tariff and
Customs Code or other laws implemented/enforced by the Bureau of
Customs.
Sec. 3. Powers, Functions and Responsibilities. —
A.
The Special Hearing Division shall have the following powers and
functions:
1.
To call the parties to a pre-trial conference to enter into
stipulations of facts and determine the issues involved in the
controversy;
2. To rule on
motions made by either or both parties in the proceedings;
3. To issue
interlocutory orders and subpoena duces tecum and subpoena ad
testificandum;
4. To conduct
expeditious, and if warranted, marathon hearings, the period of which
shall not exceed thirty (30) days;
5. To
recommend to the Collector of Customs a decision within ten (10) days
from the completion or termination of the formal hearing, which
decision shall be submitted to the Collector of Customs concerned for
his signature;
6. If the
hearing officer deems it unnecessary to conduct a full trial on the
controversy, he may require the parties to submit their memoranda
within a period of five (5) days and he shall recommend a decision to
the Collector of Customs within ten (10) days from the submission of
the pleadings. Motion for Extension of time to submit memoranda shall
not be allowed and shall be considered a prohibited motion.
B. The Special
Team of Prosecutors shall likewise have the following powers and
functions:
1. To conduct preliminary
investigation and issue the necessary subpoenas to concerned persons
who may be potential witnesses in the Seizure Proceedings to be
instituted against the articles or goods involved in the unlawful
importation or exportation;
2. To consult
with the Legal Service, Bureau of Customs on matters involving
appreciation and evaluation of evidences as well as in the formulation
of legal strategies to be used during the actual hearing;
3. To
recommend for the filing of appropriate administrative and criminal
charges against those individuals involved in the unlawful importation.
Sec. 4. Composition and Operational Control. —
A.
The Special Hearing Division shall be under the direct control of the
Deputy Commissioner for Revenue Collection and Monitoring and shall be
composed of at least six (6) members to be selected from the Law
Divisions of POM, NAIA and MICP upon the recommendation of the
respective Division Chiefs thereat.
All cases shall be assigned to
each member on a rotation basis.
B. The Special
Team of Prosecutors shall be directly under the Deputy Commissioner for
Intelligence and Enforcement Group who shall be composed of as many
members depending upon the volume of work and discretion of the said
Deputy Commissioner.
The (Special Team of Prosecutors) shall be selected from the lawyers
presently assigned at the ESS, CISS and Legal Service.
Sec. 5. Issuances of the Necessary CPO’s and
Travel Order. — It shall be the responsibility of the Deputy
Commissioner for Internal Administration Group to issue the required
CPO’s and/or Travel Order to the members of both the Special Hearing
Division and Special Team of Prosecutors subject to approval of the
Secretary of Finance in accordance with Executive Order No. 47 dated
December 8, 1998.
Sec. 6. Rights and Privileges. — In view of the
sensitive nature of their functions as herein before provided, the
members of the Special Hearing Division and Special Team of Prosecutors
shall be entitled to the following privilege:
a.
Free transportation and hotel accommodation in cases where the hearing
is to be held outside Metro Manila;
b. Per diems
at the rate authorized under existing regulations;
c. Hazard Pay
and monthly allowance of P5,000.00 to be drawn from the budget
appropriated for this purpose by Bureau of Customs;
Sec. 7. Adoption of Customs Administrative Order
No. — The provision of Customs Administrative Order No. _____ is hereby
adopted.
Sec. 8. Repeal by Modification. — Any provision of
administrative orders, memorandum orders or other issuances
inconsistent herewith are hereby repealed or modified accordingly.
Sec. 9. Separability Clause. — If any provision of
this Executive Order shall be held unconstitutional, the other
provisions shall not be affected.
Sec. 10. Effectivity. — This Executive Order shall
take effect after fifteen (15) days following the completion of its
publication in the Official Gazette or any newspaper of general
circulation.
Done in the City of Manila this
9th day of January, in the Year of Our Lord, Nineteen Hundred and
Ninety-Nine.
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