Creation of Special Hearing Division and Special Team of Prosecutors
- A Special Hearing Division is established under the Deputy Commissioner for Revenue Collection and Monitoring.
- Objectives include ensuring orderly, fair, and expedited seizure proceedings, especially for sensitive or high-value cases (over P2 million).
- The division aims to uphold legality and the integrity of seizure processes.
- A Special Team of Prosecutors is created under the Deputy Commissioner for Intelligence and Enforcement Group.
- The team functions as legal consultants to the Presidential Task Force Against Smuggling.
- They evaluate evidence, determine the occurrence of violations, and recommend issuance of Warrants of Seizure and Detention.
- They coordinate government prosecution efforts by filing administrative and criminal charges related to customs violations.
Powers, Duties, and Procedures of the Special Hearing Division
- Conduct pre-trial conferences to streamline facts and issues.
- Rule on procedural motions and issue interlocutory orders and subpoenas.
- Facilitate hearings to be conducted expeditiously, not exceeding thirty days.
- Recommend decisions to the Collector of Customs within ten days after hearings.
- If a full trial is unnecessary, they may require memoranda submissions within five days and decide within ten days thereafter.
- Extension motions for memorandum submission are prohibited.
Powers, Duties, and Procedures of the Special Team of Prosecutors
- Conduct preliminary investigations, including issuing subpoenas to potential witnesses.
- Collaborate with the Bureau's Legal Service on evidence evaluation and legal strategy.
- Recommend filing of administrative and criminal charges against violators.
Organizational Structure and Control
- Special Hearing Division consists of at least six members selected from identified Law Divisions (POM, NAIA, MICP).
- Cases are assigned on a rotation basis.
- The Special Team of Prosecutors’ size is flexible, based on workload and Deputy Commissioner discretion.
- Prosecutors are drawn from ESS, CISS, and Legal Service of the Bureau of Customs.
- The Special Hearing Division reports directly to the Deputy Commissioner for Revenue Collection and Monitoring.
- The Special Team of Prosecutors reports to the Deputy Commissioner for Intelligence and Enforcement Group.
Issuance of Official Documents
- The Deputy Commissioner for Internal Administration Group is responsible for issuing necessary Chief Protection Orders (CPOs) and Travel Orders.
- This issuance requires approval from the Secretary of Finance following existing executive regulations.
Rights, Benefits, and Privileges of Members
- Members are entitled to free transportation and hotel accommodations when hearings occur outside Metro Manila.
- They receive per diems as authorized by applicable regulations.
- Hazard pay and a monthly allowance of P5,000 are provided, funded by the Bureau of Customs budget.
Adoption of Related Customs Administrative Orders
- Provisions of a specific Customs Administrative Order are adopted to support the Executive Order’s implementation (number unspecified).
Repeal and Modification of Conflicting Issuances
- Any prior administrative orders, memorandum orders, or issuances inconsistent with this Executive Order are repealed or modified accordingly.
Separability Clause
- If any provision is found unconstitutional, it does not affect the validity and enforceability of the other provisions.
Effectivity Clause
- The Executive Order takes effect fifteen days after publication in the Official Gazette or any widely circulated newspaper.