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.