Title
Policy on Conduct of Raids and Seizures
Law
Bc Memorandum Circular No. 94-71
Decision Date
May 2, 1994
To combat illegal raids and abuses by law enforcement, strict guidelines are established for the Philippine National Police, limiting their involvement in customs enforcement to specific requests from authorized officials, thereby ensuring accountability and protecting citizens' rights.
A

Questions (BC MEMORANDUM CIRCULAR NO. 94-71)

The Bureau of Customs (BOC) has exclusive jurisdiction over all anti-smuggling operations within all principal ports and subports of entry as well as in all areas considered customs zones.

The Economic Intelligence and Investigation Bureau (EIIB) is given primary responsibility for anti-smuggling operations over these areas.

The Philippine Coast Guard is tasked with primary responsibility for anti-smuggling operations in maritime waters within the territorial jurisdiction of the Philippines.

The PNP may conduct anti-smuggling operations only when specifically deputized or when their assistance is formally requested in writing by the Bureau of Customs or EIIB, with proper authorization from higher authorities.

At the PNP level, approval must come from an authority not lower than the Deputy Chief, PNP (Deputy Director-General for Operations). In the regions, it should be at least the PNP Regional Director.

The logbook is maintained for closer supervision and monitoring of search warrants issued and police assistance rendered to prevent irregularities and abuses during raids.

Even if the raid uncovers positive results, the policemen involved will be administratively held liable for conducting the raid in violation of the guidelines.

Command responsibility means that senior officers who authorized or supervised the irregular or illegal raids will be held accountable for the actions of their subordinates.


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