Question & AnswerQ&A (BOC MEMORANDUM ORDER NO. 21-95)
The main objective is to prevent the commission of the same or similar offenses by Customs employees suspected of misfeasance in office, to secure and preserve evidence for successful prosecution, ensure immediate preventive measures, provide accountability for Division Chiefs, and expedite the preliminary investigation.
The Division Chief must immediately relieve the employee from duty, recommend their transfer to a non-sensitive assignment, and ensure the employee's availability for investigation while preventing influence on the outcome.
The Head of the Division concerned (Division Chief or Section Chief for outports) is responsible for conducting the initial investigation and submitting an Incident Report with findings and recommendations to the District Collector/Service Chief.
The Incident Report should include the findings of the initial investigation, recommendations, and suggested measures to prevent the recurrence of the same or similar offense in the area of supervision.
The Division Chief is responsible for securing and safeguarding all available evidence to ensure the successful prosecution of the case.
No, the Division Chief's responsibilities are not discharged even if the offense is discovered by other investigating offices, except if confidentiality rules prevent notification to avoid jeopardizing the investigation.
Copies must be furnished to the Commissioner, attention to the Special Assistant to the Commissioner for Discipline and Morale.
The Special Assistant advises the Commissioner on the necessary actions that need to be taken by the Bureau based on the Incident Report and preventive measures.
It took effect on 15 August 1995.
Misfeasance in office refers to improper or unlawful conduct by a Customs employee in the performance of their official duties, which is punishable under the Civil Service Code of Conduct.