Title
Creation of Separate Intelligence and Enforcement Offices
Law
Executive Order No. 805
Decision Date
May 25, 2009
Gloria Macapagal-Arroyo establishes two distinct offices, the Intelligence Group and the Enforcement Group, within the Bureau of Customs to enhance the effectiveness of customs intelligence and enforcement operations.

Questions (EXECUTIVE ORDER NO. 805)

The EO cites Article VII, Section 17 of the Constitution (President’s control and supervision over executive departments, bureaus, and offices) and PD 1772, which grants the President continuing authority to reorganize the National Government, including the power to create, amend, change, or modify powers, functions, and authorities.

It created two separate offices from the Intelligence and Enforcement Group (IEG) of the Bureau of Customs: the Intelligence Group (IG) and the Enforcement Group (EG).

They were created from the existing Intelligence and Enforcement Group (IEG) of the Bureau of Customs.

The Intelligence Group is IG, and the Enforcement Group is EG.

Each is headed by a deputy commissioner: the Deputy Commissioner for Intelligence and Investigation (DC-II) for IG and the Deputy Commissioner for Enforcement and Security (DC-ES) for EG. Both are appointed by the President of the Philippines.

Under the IG: the Customs Intelligence and Investigation Service (CIIS). Under the EG: the Enforcement and Security Service (ESS).

They are primarily drawn from existing personnel of the former IEG (so no wholly new staffing structure is mandated in the EO).

They may recommend organizational enhancements to the Commissioner of Customs for their respective offices, subject to evaluation of the Department of Finance (DOF) and the Department of Budget and Management (DBM).

The EO requires evaluation by the Department of Finance (DOF) and the Department of Budget and Management (DBM).

Funding shall come from the available funds of the Bureau of Customs (BOC).

Subsequent appropriations must be incorporated into the budget proposals, following existing accounting and auditing laws and procedures.

It shall take effect immediately.

It gathers intelligence information related to customs and economic activities, conducts internal inquiry and investigation, and exercises police authority.

It states that demands for raising revenues require new approaches for customs intelligence and enforcement work, and that greater flexibility and effectiveness can be achieved by having separate intelligence and enforcement groups.

DC-II and DC-ES may recommend enhancements to the Commissioner of Customs, but these are subject to DOF and DBM evaluation.


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