QuestionsQuestions (EXECUTIVE ORDER NO. 196)
Executive Order No. 196 (dated January 12, 2000) creates the Presidential Anti-Smuggling Task Force “Aduana” under the Office of the President. Its purpose is to investigate and prosecute large-scale smuggling and other frauds upon customs committed by organized/syndicated groups, and to expedite seizure proceedings while strengthening enforcement of revenue/customs laws.
It is created under the Office of the President and operates under its control and supervision.
The Task Force is composed of elements from the Presidential Security Group (PSG) and the Intelligence Service of the Armed Forces of the Philippines (ISAFP).
It may be augmented by other elements of the Philippine Army, Philippine Air Force, Philippine Navy, and the National Intelligence Coordinating Agency (NICA).
The Task Force is headed by a senior AFP General Officer designated by the President; a deputy is likewise designated by the President.
It may effect searches, seizures and arrests, and the Task Force Commander may file administrative and criminal cases consistent with the Tariff and Customs Code, the Revised Penal Code, and the Rules of Criminal Procedure.
It may conduct intelligence and counter-intelligence on smuggling/unlawful importations, including monitoring persons, groups, and entities believed to be involved in smuggling activities.
It authorizes verification with the Bureau of Customs of all documents pertaining to payment of duties and taxes of imported articles.
They are deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring, confederating with, or mutually helping one another in the criminal acts.
They are deemed committed in large scale if committed in connivance with Bureau of Customs officials and employees, or where the determinable value of the importations exceeds PHP 1,000,000.
It may take cognizance of: (a) smuggling and customs frauds by organized/syndicated groups; (b) smuggling and other false and fraudulent importations or customs law violations in large scale; and (c) other violations of the Tariff and Customs Code and related laws as the President may determine.
A Special Team of Prosecutors from the Department of Justice is assigned to assist the Task Force in expeditious prosecution of criminal/other cases involving syndicated and large-scale smuggling and customs frauds.
They evaluate evidence, determine whether violations were committed, conduct preliminary investigations and file/prosecute administrative and criminal charges, and recommend issuance of warrants of seizure and detention in appropriate seizure cases.
A Special Pool of Hearing Officers is created in the Bureau of Customs (under the Deputy Commissioner for Revenue Collection and Monitoring Group). It 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 commencement of hearing, and the Collector of Customs must render the decision within 5 days from termination of formal hearing. It states that, subject to due process, technicalities of law/procedure and strict rules on admissibility/sufficiency of evidence applicable in courts of law shall not strictly apply.
In addition to customs powers, they may summon witnesses, administer oaths, and take testimony/evidence through subpoena ad testificandum and subpoena duces tecum, and rule on motions/issues presented during proceedings.
The Task Force is provided an initial annual allocation of PHP 50 million drawn from the President’s Contingency Fund and government savings, subject to the usual audit.
It states that the PNP shall remain the primary general law enforcement agency under RA 6875 and shall not interfere with anti-smuggling operations. Close coordination between the Task Force head, the PNP Chief, and customs law enforcement agencies is required to avoid overlapping of functions.
EO 196 repeals Executive Order No. 150 dated September 3, 1999. It also repeals or modifies all other inconsistent issuances, rules, regulations, or parts thereof.
It takes effect immediately.