EXECUTIVE ORDER NO. 155
EXECUTIVE ORDER NO. 155 - CREATING
AN ANTI-SMUGGLING INTELLIGENCE AND INVESTIGATION CENTER TO INVESTIGATE
AND INTERDICT SMUGGLING AND OTHER ACTS CONTRARY TO THE TARIFF AND
CUSTOMS CODE OF THE PHILIPPINES COMMITTED ON A LARGE SCALE OR BY
CRIMINAL SYNDICATES AND FOR OTHER PURPOSES
WHEREAS,
smuggling and other acts contrary to customs laws committed on a large
scale or by criminal syndicates pose a serious and direct threat to the
national economy by depriving the Government of much-needed revenues
and unfairly competing with legitimate businesses, and to the national
security through the introduction into the country of dangerous drugs
or prohibited articles;
WHEREAS, there is an urgent need for a body which shall be primarily
responsible for the investigation and interdiction of smuggling and
other acts contrary to customs laws, committed on a large scale or by
criminal syndicates;
WHEREAS, under Sec. 31, Chapter 10, Title III, Book III of the
Administrative Code of 1987, the President has the continuing authority
to reorganize the administrative structure of the Office of the
President.
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. — There is hereby created an
Anti-Smuggling Intelligence and Investigation Center, hereinafter
referred to as the Center, under the supervision and control of the
Office of the President.
Sec. 2. Mandate. — The Center shall be primarily
responsible for the investigation and interdiction of all acts contrary
to the Tariff and Customs Code of the Philippines (Republic Act [R.A.]
No. 1937), as amended, committed on a large scale or by criminal
syndicates.
For purposes of determining the responsibility of the Center:
a.
Acts contrary to R.A. No. 1937, as amended, shall be deemed to be
committed on a large scale when these acts involve the importation of
goods car contraband with a determinable value of at least Five Million
Pesos (P5,000,000.00); and
b. Acts
contrary to R.A. No. 1937, as amended, shall be deemed to be committed
by a syndicate when carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in carrying out these
unlawful acts.
Sec. 3. Composition. — The Center shall be
composed of elements from the following:
a.
Presidential Security Group;
b. Intelligence Service, Armed Forces of the
Philippines;
c. Bureau of Customs (BOC);
d. Philippine National Police;
e. Philippine Coast Guard; and
f. Department of Justice (DOJ).
If necessary, the Center shall be augmented by other elements of the
Philippine Army, Philippine Air Force, Philippine Navy and the National
Intelligence Coordinating Agency.
Sec. 4. Organization. — The Center shall be headed
by a chief who shall be appointed by the President of the Republic of
the Philippines. The Center shall formulate and adopt an organizational
structure and staffing pattern subject to the approval of the
Department of Budget and Management (DBM) and the Cabinet Oversight
Committee herein created.
Sec. 5. Functions. — The Center shall perform the
following functions in accordance with its mandate to investigate and
interdict all acts contrary to R.A. No. 1937, as amended, committed on
a large scale or by criminal syndicates:
a.
Investigate complaints or allegations of smuggling or other acts
contrary to R.A. No. 1937;
b. Conduct
intelligence operations in the effort to detect smuggling or other acts
contrary to R.A. No. 1937;
c. Exercise
the powers of search and seizure under R.A. No. 1937, as amended, for
the enforcement of tariff and customs laws pursuant to the special
written authorization issued by the Commissioner of Customs;
d. Assist in
the administrative seizure proceedings involving the articles seized;
e. Arrest,
pursuant to a warrant of arrest or in accordance with the rules
governing lawful warrantless arrests, the perpetrators of smuggling or
other acts contrary to R.A. No. 1937, as amended;
f. Refer the
investigation of crimes not within its mandate to the appropriate law
enforcement agency;
g. Commence
and/or assist in the prosecution of criminal actions against the
perpetrators of smuggling or other acts contrary to R.A. No. 1937; and
h. Perform
such other functions as the President may direct.
Sec. 6. Deputation and Authorization. — The
Commissioner of Customs shall deputize and issue special written
authorizations to the members of the Center as agents of the BOC for
the exercise of the powers of search and seizure under Title VI of R.A.
No. 1937, as amended, and such other powers and functions of the BOC as
may be necessary for the effective performance of their
functions.
Sec. 7. Special Pool of Hearing Officers. — The
BOC shall organize a special pool of hearing officers to expedite
administrative seizure proceedings referred to it by the Center. The
hearing officers shall perform the following functions:
a.
Receive requests for the issuance of Warrants of Seizure and Detention,
evaluate the evidence of the Center and make a report of his findings
and recommendations to the Collector of Customs.
The Collector of Customs shall,
in accordance with R.A. No. 1937 and applicable customs administrative
orders, issue a Warrant of Seizure and Detention upon probable cause
that the seized articles were imported or attempted to be exported
contrary to tariff and customs laws.
b. Conduct the
formal hearings of the seizure proceeding and make a report of his
findings and recommendations to the Collector of Customs.
The Collector of Customs shall,
in accordance with R.A. No. 1937, make a declaration of forfeiture in
writing or fix the amount of fine or take such other action as may be
proper.
Sec. 8. Special Team of Prosecutors. — The DOJ
shall organize a special team of prosecutors to expedite criminal
actions for smuggling or other acts contrary to R.A. No. 1937 and other
applicable laws referred to it by the Center. The prosecutors shall
perform the following functions:
a.
In accordance with the Revised Rules of Criminal Procedure, conduct
preliminary investigations or inquests to determine whether there is
sufficient ground to engender a well-founded belief that a violation of
R.A. No. 1937 and other applicable laws have been committed and the
respondent(s) is (are) probably guilty thereof, and should be held for
trial; and
b. Prosecute
criminal actions for violations of R.A. No. 1937 and other applicable
laws commenced by the Center.
Sec. 9. Funding. — Funds for the operation of the
Center shall be sourced from the Office of the President and such other
funding sources as may be recommended by the DBM. Thereafter,
appropriations for the succeeding years shall be included in the budget
proposal of the Office of the President.
Sec. 10. Coordinating Instructions. — Close
coordination and cooperation shall be undertaken by the Center and
other concerned agencies to ensure the effective and efficient
implementation of the overall anti-smuggling campaign.
Sec. 11. Cabinet Oversight Committee. — To assist
the President in the exercise of supervision and control over the
Center, a Cabinet Oversight Committee on Anti-Smuggling (“Oversight
Committee”) is hereby established, composed of the following:
Secretary
of Finance
Chairman
Secretary of Justice
Member
Secretary of National
Defense
Member
Secretary of the Interior and Local Government Member
Secretary of Transportation and Communications Member
The Oversight Committee shall be assisted by a Secretariat to be headed
by an Executive Director who shall be appointed by the President.
Sec. 12. Implementing Rules and Regulations. — The
Center shall prepare the implementing rules and regulations for this
Executive Order in coordination with the Bureau of Customs and other
appropriate agencies for approval by the Oversight Committee.
Sec. 13. Repeal. — All orders, rules, regulations
and issuances, or parts thereof, which are inconsistent with this
Executive Order are hereby repealed or modified accordingly.
Sec. 14. Effectivity. — This Executive Order shall
take effect immediately upon approval.
City of Manila, December 11,
2002
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