Title
Division Chief Duties in Customs Misfeasance Cases
Law
Boc Memorandum Order No. 21-95
Decision Date
Aug 8, 1995
Division Chiefs are mandated to investigate and address misfeasance in office among Customs employees, ensuring accountability, safeguarding evidence, and implementing preventive measures to avoid recurrence of offenses.
A

Division Chief’s Duty to Relieve and Transfer Suspected Employees

  • Upon reasonable belief or documented evidence of offense, the Division Chief must:
    • Immediately relieve the suspected employee.
    • Recommend transfer to a non-sensitive position to prevent interference with the investigation.

Conduct of Initial Investigation and Reporting

  • The Division Chief shall:
    • Conduct an initial investigation into the alleged misfeasance.
    • Submit an Incident Report detailing findings and recommendations to the District Collector/Service Chief.
    • Recommend measures to prevent future offenses within their supervision.

Evidence Management Responsibilities

  • The Division Chief is responsible for:
    • Securing and safeguarding all evidence related to the offense.
    • Ensuring proper preservation to support successful prosecution.

Coordination with Investigating Offices and Confidentiality

  • Division Chief’s responsibilities remain even if another Bureau office discovers the offense.
  • Investigating offices must notify the Division Chief immediately unless confidentiality risks compromising the investigation.

Reporting and Oversight

  • Copies of the Incident Report and preventive measures must be forwarded to:
    • The Commissioner, specifically the Special Assistant to the Commissioner for Discipline and Morale.
  • The Special Assistant advises the Commissioner on necessary Bureau actions.

Legal Effect and Implementation

  • This Memorandum Order repeals or modifies inconsistent rules and regulations.
  • The order took effect on August 15, 1995, securing its applicability from that date onward.

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