Separation of Customs Intelligence and Enforcement

Executive Order No. 805 is issued under the President’s constitutional control and supervision over executive departments, bureaus, and offices, consistent with Article VII, Section 17 of the Constitution.
Executive Order No. 805 also rests on the President’s continuing authority to reorganize the National Government under PD 1772, which amended PD 1416.
Executive Order No. 805 expressly directs the creation of separate offices from the Bureau of Customs’ Intelligence and Enforcement Group.

Executive Order No. 805 recognizes that the Intelligence and Enforcement Group (IEG) of the Bureau of Customs gathers customs and economic intelligence, conducts internal inquiry and investigation, and exercises police authority.
Executive Order No. 805 orders separation to respond to the demands of raising revenues and to improve flexibility and effectiveness in customs intelligence and enforcement work.
Executive Order No. 805 implements the separation by creating distinct intelligence and enforcement structures.

Section 1 creates two separate offices from the former Intelligence and Enforcement Group (IEG) of the Bureau of Customs (BOC).
The two offices are named the Intelligence Group (IG) and the Enforcement Group (EG).
Section 1 uses the abbreviations IG and EG “for brevity.”

Section 2 provides that each of IG and EG is headed by a deputy commissioner.
Section 2 names the deputies as:
- Deputy Commissioner for Intelligence and Investigation (DC-II); and
- Deputy Commissioner for Enforcement and Security (DC-ES).
Section 2 requires that both deputy commissioners are appointed by the President of the Philippines.
Section 2 assigns the main services as:
- Customs Intelligence and Investigation Service (CIIS) under the IG; and
- Enforcement and Security Service (ESS) under the EG.
Section 2 provides that the technical and support staff are primarily drawn from existing personnel of the IEG.

Section 3 authorizes the DC-II and DC-ES to recommend organizational enhancements for their respective offices.
Section 3 conditions recommendations on the principles of economy, efficiency, and effectiveness.
Section 3 makes recommendations subject to evaluation by the Department of Finance (DOF) and the Department of Budget and Management (DBM).
Section 3 ties the recommendations to action through the Commissioner of Customs.

Section 4 provides that funding comes from available funds of the Bureau of Customs (BOC).
Section 4 requires that subsequent appropriations are incorporated into the budget proposals.
Section 4 subjects budget proposals to existing accounting and auditing laws and procedures.

Section 5 commands immediate effect upon issuance, without waiting for publication or a future effective date.
Executive Order No. 805 is signed by President Gloria Macapagal-Arroyo and attested by the Executive Secretary, Eduardo R. Ermita.
Executive Order No. 805 is executed in the City of Manila on May 25, 2009.