Title
Establishing Presidential Anti-Smuggling Task Force
Law
Executive Order No. 45
Decision Date
Dec 3, 1998
A Presidential Anti-Smuggling Task Force is established in the Philippines to combat large-scale smuggling and customs frauds, with the power to arrest, investigate, and prosecute offenders, and the authority to conduct searches and seizures in accordance with the Tariff and Customs Code.
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Composition of the Task Force

  • Composed of senior officials from various government bodies: Office of the President, Department of Finance, DOJ, Bureau of Customs, BIR, Economic Investigation Bureau, NBI, PNP, and Armed Forces Intelligence.
  • Headed by a senior law enforcement officer appointed by the President, assisted by a deputy likewise appointed.

Powers and Functions

  • To prepare and implement measures to prevent and suppress large-scale smuggling and unlawful importations.
  • Conduct searches and seizures compliant with the Tariff and Customs Code.
  • Arrest, investigate, and prosecute smugglers and illegal importers promptly.
  • Conduct intelligence and counter-intelligence operations relating to smuggling.
  • Recruit personnel from law enforcement agencies.
  • Enlist assistance from various government departments, including government-owned corporations.
  • Perform additional functions as directed by the President.

Offenses Covered

  • Authority to take cognizance of smuggling and customs frauds by syndicates or organized groups.
  • Includes smuggling and false importations committed on a large scale.
  • "Syndicate" means at least three persons conspiring.
  • "Large scale" defined by collusion with Customs officials or importation value exceeding ₱1 million.

Organizational Support

  • Task Force to organize technical, administrative, and special staff drawn from assisting agencies.
  • Task Force head delineates responsibilities of support staff.

Special Team of Prosecutors

  • Department of Justice assigns a Special Team to expedite prosecution.
  • Powers include evaluating evidence, conducting preliminary investigations, filing charges, and recommending seizure warrants.
  • Lawyers from NBI, Customs, and Economic Investigation Bureau assist.

Special Pool of Hearing Officers

  • Established under the Bureau of Customs’ Deputy Commissioner for Revenue Collection.
  • At least six members from Customs legal units handle seizure cases.
  • Authority to summon witnesses, administer oaths, take testimony, rule on motions, and conduct necessary acts in hearings.

Summary Proceedings

  • Seizure proceedings to be completed within 30 days.
  • Technical law and procedural rules relaxed but due process observed.
  • Collector of Customs must render decision within 5 days after hearings.
  • Failure to comply may result in suspension or dismissal of officials.

Authorizations

  • Customs Commissioner to issue necessary orders under the Tariff and Customs Code supporting Task Force operations.

Funding

  • Initial budget of ₱20 million from the President’s Contingency Fund and government savings.
  • Future funding included in the Office of the President’s budget proposals.

Operating Guidelines

  • Task Force to adopt operating rules in coordination with customs enforcement agencies.
  • Guidelines subject to President’s approval.
  • Regular activity reports and recommendations submitted to the President.

Coordinating Instructions

  • Task Force focuses on organized and large-scale smuggling under the President’s direct control.
  • The PNP remains the primary general law enforcement agency.
  • Close coordination required between Task Force, PNP, and other customs law enforcement agencies.

Repealing Clause

  • All inconsistent orders, rules, or regulations are repealed or modified accordingly.

Effectivity

  • The Executive Order takes effect immediately upon issuance.

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