Question & AnswerQ&A (EXECUTIVE ORDER NO. 45)
The main purpose is to create a Presidential Anti-Smuggling Task Force to investigate and prosecute crimes involving large-scale smuggling and other frauds upon customs, and to provide measures to expedite seizure proceedings.
The President of the Republic of the Philippines, exercising the powers vested by law and the Administrative Code of 1987, has the authority to create the Task Force.
The Task Force is composed of senior officials from the Office of the President, Department of Finance, Department of Justice, Bureau of Customs, Bureau of Internal Revenue, Economic Intelligence and Investigation Bureau, National Bureau of Investigation, Philippine National Police, and the Intelligence Service of the Armed Forces of the Philippines.
The Task Force is headed by a qualified senior law enforcement officer designated by the President, assisted by a deputy also designated by the President.
The Task Force is empowered to prevent and suppress large-scale smuggling, conduct searches and seizures, arrest and prosecute smugglers, conduct intelligence operations, recruit personnel, and enlist assistance from other government agencies.
The Task Force handles smuggling and custom frauds committed by organized or syndicated groups, large-scale smuggling and fraudulent importations, and other violations of the Tariff and Customs Code as determined by the President.
A syndicate is defined as a group of three or more persons conspiring, confederating, or mutually helping one another in carrying out smuggling or customs frauds.
Large scale smuggling is deemed to have occurred if committed in connivance with customs officials or if the determinable value of importations exceeds 1 million pesos.
A Special Team of Prosecutors from the Department of Justice is assigned to assist in the expeditious prosecution of cases involving syndicated and large-scale smuggling.
The Special Pool of Hearing Officers in the Bureau of Customs specifically attends to or hears seizure cases arising from unlawful importations and customs law violations investigated by the Task Force.
Seizure proceedings must be terminated within 30 days from the commencement of hearing, and the Collector of Customs must render a decision within 5 days from termination of the formal hearing.
Non-compliance may lead to suspension or dismissal from service, depending on the circumstances.
It is provided an initial annual allocation of 20 million pesos from the President's Contingency Fund and government savings.
The Task Force operates under the Office of the President focusing on large-scale and organized smuggling, while the PNP remains the primary general law enforcement agency, coordinating closely for efficient prosecution of smuggling cases.
The Administrative Code of 1987 empowers the President with this authority.