Court ruled PASG is unconstitutional

A MANILA court on Tuesday ordered the abolition of the Presidential Anti-Smuggling Group (PASG) for being unconstitutional and illegal since it performs the functions of the Bureau of Customs (BOC).

In a nine-page decision, Judge Silvino Pampilo of Manila Regional Trial Court Branch 26 granted the petition for declaratory relief filed by Chinese-born British national Siu Ting Alpha Kwok, represented by lawyer Bonifacio Alentajan, to declare President Gloria Macapagal-Arroyo’s Executive Order 624 creating PASG as unconstitutional.

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EO 624 empowers PASG to apprehend, seize, investigate, and prosecute acts involving smuggling, unlawful importation and other similar violations and providing measures to curtail smuggling and expedite seizure proceedings.

Kwok, dubbed the “Diamond Queen,” was arrested and detained by PASG operatives.

She was recently subject of deportation proceedings by the Bureau of Immigration, in connection with the smuggling of some P500-million worth of diamonds and other jewelry into the country last August.

Judge Pampilo agreed with the contention of Kwok that the creation of PASG is tantamount to usurpation of legislative power and violation of the doctrine of separation of powers between the executive branch and the legislative branch of the government.

The court said that rather than achieve harmony and efficiency with BOC, the PASG only duplicated the function of the bureau although they act independently of each other, and its actions do not bear conformity of the BOC.

“The functions being performed by PASG are already being performed by the BoC under the Tariff and Customs Code, thus, simplicity is not achieved. It only resulted to duplicity (sic) of functions,” said Pampilo.

He likened the creation of PASG to the now defunct Economic Intelligence and Investigation Bureau (EIIB), which was the principal agency tasked to curb “smuggling in all land areas and inland waters and waterways outside the areas of sole jurisdiction of the BOC.”

Although the creation of EIIB was not declared unconstitutional, Pampilo said it was later deactivated by then President Joseph Estrada because its designated functions were also being performed by another existing agency of government.

Aside from being contrary to law, Pampilo said EO 624 also violates the doctrine of separation of powers, checks, and balances, considering that such function required legislation.

The court further said the EO created more problems than solutions to the anti-smuggling campaign as he cited a manifesto submitted by the Alliance of Customs Brokers, Truckers, Importers, and Organizations Nationwide (Action) demanding the abolition of PASG “to put an end to an abusive, unnecessary, redundant, red tape imposing presidential creation that has contributed more problems than the solutions of the anti-smuggling campaign.”

He noted that other agencies like the BOC, Philippine National Police (PNP), National Food Authority (NFA), and Maritime Industry Authority (Marina) have their own respective budget while PASG has an initial allocation of P50-million in order to conduct surveillance and intelligence activities to prevent smuggling and related illegal activities.

“There being sufficient evidence to support petitioner’s contention, the petition for declaratory relief is hereby granted,” said Pampilo.

Last November, the Manila RTC issued an Order enjoining PASG from performing its functions and claiming authority under EO 624.

Named respondents in the suit were then Executive Secretary Eduardo Ermita and PASG Undersecretary Antonio Villar Jr.

Palace no copy yet of ruling

Malacañang on Tuesday expressed concern over this development.

Newly-appointed Executive Secretary Leandro Mendoza said that although they have not yet received a copy of the ruling, the dismantling of PASG would impair the continuing fight of the government against smuggling.

“Well, definitely it will because as we had been envisioned, the creation of the anti-smuggling task group is to curb the smuggling activities particularly in the waterfronts and even in some private ports,” Mendoza said as he expressed surprise over the ruling.

Lawyer Alentajan has raised the invalidity of EO 624 following alleged bribery from Kwok.

Alentajan said the arrest of his client in August 2009 was illegal since PASG did not present warrant to support the arrest.

PASG agents raided Kwok’s residence on the 17th floor of Pacific Place in Ortigas, Pasig City. They arrested Kwok and seized the alleged smuggled jewelry.

Alentajan also said they have never received copy of criminal or administrative case filed against Kwok.

He added that PASG only became a source of “excessive abuses and official lawlessness” as it resorts to illegal acts such as bribery.

But for Secretary Mendoza, he said they will still refer the Manila RTC ruling to the Department of Justice (DOJ).

Antonio Villar Jr. was appointed by President Arroyo to head PASG.

The PASG is under the Office of the President (OP). It is composed of elements of the Bureau of Customs (BOC), PNP, Philippine Coast Guard (PCG), Philippine Navy (PN), Marina, Philippine Ports Authority (PPA), NFA, and the Bureau of Food and Drugs (BFAD).

The PASG is assisted by a special team of prosecutors from the DOJ to expedite criminal and other cases of violations of Customs and other related laws and regulations. (JCV/Jill Beltran/Sunnex)