(UPDATED) - At least four lawmakers on Monday, October 29, questioned the constitutionality of President Rodrigo Duterte’s plan to allow military men to take over the Bureau of Customs (BOC) amid the rampant drug smuggling.
Magdalo Representative Gary Alejano said placing the BOC under military control runs counter to Article XVI, Section 5(4) of the 1987 Constitution.
The said provision states that: “No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government including government-owned or controlled corporations or any of their subsidiaries.”
Alejano, a former soldier, also said that designating the military to a civilian post strays far from the mandate of the Armed Forces of the Philippines (AFP), which is to defend the territory.
Alejano recommends the creation of a commission that will study long-term solutions to the problems in the BOC.
"Other reforms must be undertaken hand in hand with reforms in BOC. The problems in the BOC cannot be solved through fear and intimidation,” he said.
In a press conference on Monday, Bayan Muna Representative Carlos Zarate said the President's plan to let the military lead the BOC lacks legal basis.
He said the supposed incompetence of BOC officials and the corruption in the bureau do not constitute lawless violence, one of the grounds for the declaration of martial law.
“Nasa martial law na ba ang buong Pilipinas? Ang alam ko ang martial law nasa Mindanao lang. Anong legal basis doon?" he said.
(Is the Philippines under martial law? What I know is that martial law was imposed only in Mindanao. What is the legal basis for this.)
"Ang pagpupuslit ng droga, incompetence, corruption ng mga tauhan ni Pangulong Duterte, is that lawless violence? Kung ganun ang ating magiging basehan napakadaling magtatanga-tangahan nila diyan palulusutin lahat ng ito sa lahat ng mga departamento, sila gagawa ng gulo tapos ite-take over na kaagad ng militar lahat,” said Zarate.
(Drug smuggling, incompetence, corruption - is that lawless violence? This could happen in all departments. They could create trouble so the military could take over everything.)
"That’s the shortest way of declaring martial law,” he added.
Under the 1987 Constitution, the President may imposse martial law on the ground of "invasion or rebellion, when public safety requires it."
ACT Teachers Rep. Antonio Tinio, for his part, said the order of the president is “unconstitutional” and “illegal."
Tinio invoked the basic principle that civilian authority is at all times supreme over the military.
“Ngayon yung Bureau of Customs, malinaw na of course since part of the civilan bureacracy ito hindi pwedeng basta-basta i-take over ng militar sa utos ng presidente,” said Tinio.
“Wala 'yan sa kapangyarihan ng Pangulo kahit pa nga martial law e hindi automatic na pwedeng ipa-take over ang lahat ng mga civilian agencies. Kailangan muna may malinaw na basis kaugnay sa lawless violence rebellion or invasion,” he added.
“Malinaw na wala tayo sa ganyang sitwasyon ngayon,” Tinio added further.
Akbayan Rep. Tom Villarin, in a statement, said placing a purely civilian bureaucracy under the control of the military is an “extreme response,” by the Duterte administration.
"It’s as if President Duterte has imposed nationwide martial law,” Villarin said.
He continued: "Putting the military in the BOC is bereft of logical objectives other than to impress upon the public his meaning of control. Or, it may be a form of conditioning our minds that only a military junta under him can run a government. At the rate President Duterte has been assigning military officials in government posts, indeed we already see this coming."
Muntinlupa Rep. and former BOC chief Ruffy Biazon, for his part, views the decision of the President as an indication of the latter’s desire to reform the agency.
Biazon said the President should clarify which positions will be taken over by the military, what will their functions be and identify the parameters of their authority.
"Just like any mission given to the military before they operate, the objectives must be specific, their roles defined and an exit plan prepared,” stressed Biazon.
Biazon also said the administration should consider the mandate of the agency to collect revenue, facilitate trade and secure boarders saying what is at stake is not just the anti-corruption drive of the government but also the country’s finances and trade.
Speaking at an event on Sunday evening, Duterte announced that all the employees in the BOC will be on "floating status" as they will be temporarily replaced by the men from the Armed Forces of the Philippines (AFP) while his administration is addressing corruption issues in the country.
The announcement came days after Duterte announced the transfer of Customs Chief Isidro Lapeña from the BOC to the Technical Education and Skills Development Authority (Tesda). (SunStar Philippines)