Title
Creation of Two Offices in Bureau of Customs
Law
Executive Order No. 805
Decision Date
May 25, 2009
An executive order in the Philippines establishes the Intelligence Group and Enforcement Group within the Bureau of Customs, aiming to enhance customs intelligence and enforcement work, with the President having the authority to reorganize the National Government to justify this decision.

Legal basis and constitutional authority

  • PD 1772 amending PD 1416 expressly grants continuing presidential authority to reorganize the National Government, including powers to create, amend, change, or otherwise modify powers and functions.
  • The reorganization is supported by Article VII, Section 17 of the Constitution, which provides presidential control and supervision over executive departments, bureaus, and offices.

Policy statement for reorganization

  • The Intelligence and Enforcement Group (IEG) of the BOC gathers customs and economic intelligence, conducts internal inquiry and investigation, and exercises police authority.
  • The reorganization is justified by the need for new approaches in customs intelligence and enforcement to raise needed revenues.
  • Greater flexibility and effectiveness are achieved by separating customs intelligence and enforcement functions into distinct groups.

Organizational structure created

  • Section 1 creates two separate offices from the existing Intelligence and Enforcement Group (IEG) of the BOC: the Intelligence Group (IG) and the Enforcement Group (EG).
  • Section 2 requires each group to be headed by a deputy commissioner.
  • The Intelligence Group is headed by the Deputy Commissioner for Intelligence and Investigation (DC-II).
  • The Enforcement Group is headed by the Deputy Commissioner for Enforcement and Security (DC-ES).
  • Section 2 requires that DC-II and DC-ES are appointed by the President of the Philippines.

Core services and staffing

  • Section 2 establishes the main services under the IG and EG as Customs Intelligence and Investigation Service (CIIS) and Enforcement and Security Service (ESS), respectively.
  • Section 2 provides that the technical and support staff are primarily drawn from existing personnel of the BOC’s IEG.
  • The organization is implemented through the separation of services: intelligence and investigation under CIIS, and enforcement and security under ESS.

Authority to recommend enhancements

  • Section 3 authorizes the DC-II and DC-ES to recommend organizational enhancements for their respective offices.
  • Section 3 requires these recommendations to be consistent with economy, efficiency, and effectiveness.
  • Section 3 subjects recommendations to evaluation by the Department of Finance (DOF) and the Department of Budget and Management (DBM).
  • Section 3 makes the recommendations applicable to their respective offices.

Funding and budgeting rules

  • Section 4 provides that funding comes from the available funds of the Bureau of Customs (BOC).
  • Section 4 provides that subsequent appropriations must be incorporated into the BOC budget proposals.
  • Section 4 requires that budgeting and appropriations follow existing accounting and auditing laws and procedures.

Effectivity

  • Section 5 provides that the Executive Order takes effect immediately.

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