Presidential Memorandum Order No. 225 – Jurisdiction and Responsibilities
- Bureau of Customs (BOC) holds exclusive jurisdiction over anti-smuggling in principal ports, subports, and customs zones.
- Economic Intelligence and Investigation Bureau (EIIB) is responsible for anti-smuggling in land areas, inland waters, and waterways beyond BOC jurisdiction.
- Philippine Coast Guard (PCG) is primarily accountable for anti-smuggling in maritime waters within national territory.
- Philippine National Police is generally prohibited from enforcing customs and revenue laws unless specifically deputized or requested.
General Policy Directive on PNP Involvement
- Presidential Memorandum emphasizes role clarity among law enforcement agencies to prevent operational conflicts.
- PNP should focus on anti-crime efforts, refraining from customs enforcement unless formally authorized.
Specific Guidelines for Conducting Raids and Seizures
- PNP units may only conduct anti-smuggling operations if:
- Deputized explicitly or formally requested in writing by BOC or EIIB.
- Requesting official must be at least a Customs Commissioner or Collector regionally, or EIIB Director or Regional Director.
- Approval at PNP level must be from Deputy Chief (Deputy Director-General for Operations) or Regional Director.
- A special logbook for search warrants to be maintained at the PNP Director's office for monitoring.
Accountability and Command Responsibility
- Strict command responsibility is enforced in case of irregularities during raids or use of search warrants.
- PNP personnel face administrative liability even if the raid yields positive results if procedures under PMO No. 225 and this memorandum are violated.
Purpose of the Guidelines
- Enhance responsibility and accountability among officials supervising PNP involvement in raids.
- Facilitate closer supervision to prevent and address possible abuses by PNP or other law enforcement agents.
Enforcement and Compliance
- The guidelines are mandatory for incorporation in implementing instructions of concerned agencies.
- The Acting Secretary emphasizes strict adherence to prevent abuse and uphold legal and ethical standards in enforcement activities.