QuestionsQuestions (Republic Act No. 4760)
The main policy is to protect and develop the national economy and general welfare by increasing government revenue collections, particularly import duties and taxes, and suppress fraudulent practices and violations of the Tariff and Customs Code enforced by the Bureau of Customs.
A Special Hearing Division and a Special Team of Prosecutors within the Bureau of Customs were created to expedite seizure proceedings and prosecute offenders.
The Special Hearing Division operates under the Deputy Commissioner for Revenue Collection and Monitoring.
1) To conduct orderly, fair, and speedy seizure proceedings especially for sensitive articles or when appraised value exceeds P2,000,000; 2) To maintain the legality and integrity of seizure proceedings.
They call pre-trial conferences, rule on motions, issue interlocutory orders and subpoenas, conduct hearings within 30 days, recommend decisions to the Collector of Customs, and may require memoranda if a full trial is unnecessary.
The Special Team acts as legal consultants to the Presidential Task Force Against Smuggling, evaluates evidence, recommends warrants of seizure and detention, and files appropriate administrative and criminal charges against violators.
They operate under the Deputy Commissioner for Intelligence and Enforcement Group.
At least six members selected from the Law Divisions of POM, NAIA, and MICP based on recommendations from division chiefs.
They are entitled to free transportation and hotel accommodation for hearings outside Metro Manila, per diems as authorized by regulations, hazard pay, and a monthly allowance of P5,000.
Hearings must be conducted within 30 days, and the division must recommend a decision within 10 days after the hearing or submission of memoranda.
No, such motions are prohibited and not allowed.
They can issue subpoenas to potential witnesses during preliminary investigations of seizure proceedings.
It repeals or modifies any inconsistent provision of administrative orders, memorandum orders, or other issuances related to this subject.
It took effect fifteen (15) days after its publication in the Official Gazette or any newspaper of general circulation.
The President’s continuing power to reorganize the government under Presidential Decree No. 1416, as amended by Presidential Decree No. 1772 and Executive Order No. 292 (Administrative Code of 1987).