Composition and leadership structure
- The Task Force is composed of senior officials from the Office of the President, Department of Finance, Department of Justice, Bureau of Customs, Bureau of Internal Revenue, Economic Intelligence and Investigation Bureau, National Bureau of Investigation, Philippine National Police, and the Intelligence Service of the Armed Forces of the Philippines (Section 2).
- The Task Force is headed by a qualified senior law enforcement officer designated by the President, and assisted by a deputy similarly designated by the President (Section 2).
Core powers and enforcement functions
- The Task Force must prepare and implement measures to prevent and suppress large-scale smuggling and prohibited and unlawful importations (Section 3).
- The Task Force may effect searches and seizures conformably with the Tariff and Customs Code, as amended, and may cause or direct immediate arrest, investigation, and speedy prosecution of smugglers and illegal importers (Section 3).
- The Task Force conducts intelligence and counter-intelligence on smuggling and unlawful importations, including monitoring situations and activities of individuals, groups, and entities involved or reasonably believed involved in smuggling (Section 3).
- The Task Force may select and recruit personnel from the PNP and other law enforcement agencies for assignment to the Task Force, with the conformity of the concerned office or agency (Section 3).
- The Task Force may enlist assistance of any department, bureau, office, or agency, including government-owned or controlled corporations, using their personnel, facilities, and resources to carry out its functions (Section 3).
- The Task Force must perform such other functions and activities as the President may direct (Section 3).
Covered offenses and large-scale standards
- The Task Force has authority to take cognizance of (a) smuggling and customs frauds committed by organized or syndicated groups or criminal enterprises (Section 4).
- The Task Force has authority to take cognizance of (b) smuggling and other false and fraudulent importations or violations of customs laws committed in large scale (Section 4).
- The Task Force has authority to take cognizance of (c) other cases of violations of the Tariff and Customs Code, as amended, as the President may determine from time to time (Section 4).
- A smuggling and customs fraud is deemed committed by a syndicate if carried out by a group of three or more persons conspiring, confederating with, or mutually helping one another in the criminal acts (Section 4).
- A smuggling and customs fraud is deemed committed in large scale if committed in connivance with officials and employees of the Bureau of Customs or where the determinable value of importations exceeds P1Million (Section 4).
- The Task Force’s offense coverage operates through these syndicate and large-scale criteria and through the additional authority granted to the President to determine other covered customs-code violations (Section 4).
Prosecutorial support and hearing officers
- A Special Team of Prosecutors from the Department of Justice is assigned to the Task Force to assist in the expeditious prosecution of cases involving syndicated and large-scale smuggling and customs frauds (Section 6).
- The Special Team of Prosecutors must evaluate evidence gathered by the Task Force and determine whether violations of the Tariff Code or Customs Code, as amended, and other related laws and regulations have been committed (Section 6).
- The Special Team must initiate and conduct preliminary investigations, and file and prosecute the appropriate administrative and criminal charges against persons responsible for violations of customs law (Section 6).
- The Special Team must recommend issuance of a warrant of seizure and detention in appropriate cases (Section 6).
- The Special Team may be assisted by lawyers selected and recruited by the Task Force from the National Bureau of Investigation, the Bureau of Customs, and the Economic Intelligence and Investigation Bureau (Section 6).
- A Special Pool of Hearing Officers in the Bureau of Customs under the Deputy Commissioner for Revenue Collection and Monitoring Group is created to attend to and hear seizure cases arising from unlawful importations and customs-law violations being investigated by the Task Force (Section 7).
- Hearing Officers have authority to summon witnesses, administer oaths, or take testimony or evidence relevant to investigation through subpoena ad testificandum and subpoena duces tecum, to rule on motions and issues, and to perform acts necessary and incidental to their functions (Section 7).
- The Special Pool of Hearing Officers must be composed of at least six (6) members selected from various legal units of the Bureau of Customs (Section 7).
Seizure proceedings timeline and decisions
- Seizure proceedings must be terminated within 30 days from the date of commencement of hearing (Section 8).
- The proceedings are governed by due process, and the technicalities of law and procedure and the rules governing admissibility and sufficiency of evidence in courts of law shall not strictly apply (Section 8).
- The decision in seizure proceedings must be rendered by the Collector of Customs within 5 days from termination of the formal hearing (Section 8).
- Non-compliance with the mandatory 30-day termination period and the 5-day decision-rendering period subjects the responsible officials to suspension or dismissal, as the circumstances warrant (Section 8).
Customs authorizations and funding
- The Commissioner of Customs must, if necessary, issue authorizations and orders required under the Tariff and Customs Code, as amended, for all purposes relevant to the Task Force’s exercise of powers and functions (Section 9).
- The Task Force is provided, subject to usual audit, an initial annual allocation of TWENTY MILLION PESOS, drawn from the President’s Contingency Fund and from government’s savings (Section 10).
- Appropriations for succeeding years must be incorporated in the budget proposal of the Office of the President (Section 10).
Operating guidelines and reporting
- The Task Force must adopt operating guidelines, in coordination with customs law enforcement agencies, necessary to implement the Executive Order, and these guidelines require approval of the President (Section 11).
- The Task Force must submit to the President reports of activities with appropriate recommendations for information and guidance of the President (Section 11).
Coordination with general law enforcement
- The issuance directs that the Task Force operate directly under the Office of the President to focus and maximize impact on organized and large-scale smuggling and related crimes, while the Philippine National Police continues as the primary general law enforcement agency under Republic Act No. 6875, as amended (Section 12).
- The head of the Task Force, the Chief of the PNP, and other heads of customs law enforcement agencies must undertake close coordination and cooperation to ensure effective and efficient prosecution of the anti-smuggling campaign (Section 12).
Repeal clause and effectivity
- All orders, issuances, rules and regulations, or parts thereof that are inconsistent with the Executive Order are repealed or modified accordingly (Section 13).
- The Executive Order takes effect immediately (Section 14).
- The Executive Order is dated December 03, 1998, signed in the City of Manila on 3rd day of Deccember in the year of Our Lord, Nineteen Hundred and Ninety-Eight (Executive Order No. 45 signature block).
Executive Order identification and issuance details
- The issuance is Executive Order No. 45 titled “Establishing Presidential Anti-Smuggling Task Force”, creating a presidential anti-smuggling task force to investigate and prosecute crimes involving large-scale smuggling and other frauds upon customs, and providing measures to expedite seizure proceedings (Title/Body heading).
- The Executive Order is signed by Joseph Ejercito Estrada, President of the Republic of the Philippines, with Ronaldo B. Zamora as Executive Secretary (signature block).