CREATING THE PRESIDENTIAL ANTI-SMUGGLING TASK FORCE “ADUANA” TO INVESTIGATE AND PROSECUTE CRIMES INVOLVING LARGE-SCALE SMUGGLING AND OTHER FRAUDS UPON CUSTOMS, OTHER ECONOMIC CR…

WHEREAS, large scale smuggling and frauds upon customs and other
related illegal practices continue to undermine the national interest
and security;

WHEREAS, the prevention and suppression of smuggling and other
related fraudulent practices against customs laws is one of the urgent
concerns of the administration, an essential requirement for the success
of the government’s economic reforms;

WHEREAS, the creation of a presidential body directly mandated and
empowered to investigate and prosecute large-scale smuggling and other
illegal or unlawful importations is necessary to effectively counteract
this form of economic sabotage and strengthen our system of enforcement
of revenue laws;

WHEREAS, the Administrative Code of 1987 empowers the President with
the continuing authority to reorganize the Office of the President and
to transfer functions from one department or agency to another;

NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic
of the Philippines, by virtue of the powers vested in me by law, do
hereby order:

SECTION 1. Creation of Task Force. — There is
hereby created a Presidential Anti-Smuggling Task Force, hereinafter
called the “Task Force Aduana,” under the control and supervision of the
Office of the President principally to combat smuggling, unlawful
importations and other frauds upon customs committed in large scale or
by organized and syndicated groups.

SECTION 2. Composition . — The Task Force
shall be composed of elements from the Presidential Security Group (PSG)
and Intelligence Service, Armed Forces of the Philippines (ISAFP). If
necessary, the Task Force shall be augmented by other elements of the
Philippine Army, Philippine Air Force, Philippine Navy and the National
Intelligence Coordinating Agency (NICA).

The Task Force shall be headed by a senior AFP General Officer, to be
designated by the President. A deputy who shall likewise be designated
by the President shall assist him.

SECTION 3. Powers and Functions . — The Task Force shall have the following powers and functions:

1. To prepare and implement appropriate and effective measures to
prevent and suppress large-scale smuggling and other prohibited and
unlawful importations;

2. To effect searches, seizures and arrests, and for the Task Force
Commander to file administrative and criminal cases conformably with the
provisions of the Tariff and Customs Code of the Philippines, as
amended, pertinent provisions of the Revised Penal Code, as amended and
the Rules of Criminal Procedure;

3. To conduct intelligence and counter-intelligence on smuggling and
other unlawful importations, including the monitoring of situations,
circumstances, activities of individual, groups and entities who are
involved or who are reasonably believed to be involved in smuggling
activities;

4. To select and recruit personnel from within the PSG and ISAFP for
assignment to the Task Force with the conformity of the office or
agency concerned;

5. To enlist the assistance of any department, bureau, office or
agency or instrumentality of the government, including government-owned
or controlled corporations to carry out its functions, including the use
of their respective personnel, facilities and resources;

6. To conduct investigation of ill-gotten wealth of all persons
including government officials involved in smuggling activities, in
coordination with other government agencies.

7. To conduct verification with the Bureau of Customs of all
documents pertaining to payment of duties and taxes of all imported
articles.

8. To suppress and prevent all other economic frauds as may be directed by the President.

9. To perform such functions and carry out such activities as may be directed by the President.

SECTION 4. Offenses Covered. — The Task Force shall have the authority to take cognizance of the following crimes:

a) Smuggling and customs frauds committed by organized or syndicated groups or criminal enterprises.

b) Smuggling and other false and fraudulent importations or violations of customs laws committed in large scale.

c)  Such other cases of violations of the Tariff and Customs Code, as
amended, and other related laws as the President may determine from
time to time.

Smuggling and other customs frauds and violations of customs laws
shall be deemed committed by a syndicate if carried out by a group of
three (3) or more persons conspiring or confederating with or mutually
helping one another in carrying out the criminal acts. They shall be
deemed committed in large scale if committed in connivance with
officials and employees of the Bureau of Customs or where the
determinable value of importations exceeds P1 Million pesos.

SECTION 5. Organizational Support . — The
Task Force shall organize technical, administrative and special staffs
composed of personnel assigned or detailed to the Task Force by the
different agencies called to assist the Task Force. The head of the Task
Force shall delineate the respective responsibilities of the supporting
staffs.

SECTION 6. Special Team of Prosecutors . — To
assist the Task Force in the expeditious prosecution of criminal and
other cases involving syndicated and large scale smuggling and customs
frauds, a Special Team of Prosecutors from the Department of Justice
shall be assigned to the Task Force. The team shall have the following
powers and duties:

1. To evaluate evidence gathered by the Task Force and to determine
whether or not violations of the Tariff and Customs Code, as amended,
and other related laws and regulations have been committed.

2. To initiate and conduct preliminary investigations and to file
and prosecute the appropriate administrative and criminal charges
against person(s) responsible for the violation of customs laws or other
related laws and regulations;

3. To recommend the issuance of warrant of seizure and detention in appropriate seizure cases of suspected smuggled articles.

The Special Team of Prosecutors may be assisted by lawyers selected
and recruited by the Task Force from the Department of Justice and the
Bureau of Customs.

SECTION 7. Special Pool of Hearing Officers.—
A Special Pool of Hearing Officers in the Bureau of Customs under the
Deputy Commissioner for Revenue Collection and Monitoring Group is
hereby created and its members shall be selected by the Task Force
Commander. A Special Pool of Hearing Officers shall specifically attend
to or hear seizure cases arising from unlawful importations and
violations of customs laws being investigated by the Task Force.

In addition to the powers granted under the Tariff and Customs Code,
as amended and under customs rules and regulations issued pursuant
thereto, the Hearing Officers shall have the authority to summon
witnesses, administer oaths, or take testimony or evidence relevant to
the investigation by subpoena ad testificandum and subpoena duces tecum
to rule on motions and issues presented during the proceedings and to do
such other acts necessary and incidental to the discharge of their
functions.

The Special Pool of Hearing Officers shall be initially composed of
at least six (6) members to be selected from the various legal units of
the Bureau of Customs.

SECTION 8. Summary Proceedings . — The
seizure proceedings shall be terminated within a period of thirty (30)
days from the date of commencement of hearing. Subject to the essential
requirement of due process, the technicalities of law and procedure and
the rules governing the admissibility and sufficiency of evidence
obtaining in courts of law shall not strictly apply.

The decision on seizure proceedings shall be rendered by the
Collector of Customs within five (5) days from termination of the formal
hearing.

The mandatory period for termination of the proceedings and rendition
of decision shall be strictly observed unless extension thereof is
necessary to avoid miscarriage of justice.

SECTION 9. Authorizations . — The
Commissioner of Customs shall, if necessary, issue such authorizations
and orders required under the Tariff and Customs Code, as amended, for
all purposes relevant to the effective exercise and performance of the
powers and functions of the Task Force.

SECTION 10. Funding. — Subject to the usual
audit, the Task Force shall be provided with an initial annual
allocation of Fifty Million Pesos (P50M) to be drawn from the
President’s Contingency Fund and from the government’s savings.
Thereafter, appropriations for the succeeding years shall be
incorporated in the budget proposal of the Office of the President.

SECTION 11. Operating Guidelines. — The Task
Force shall adopt, in coordination with customs law enforcement
agencies, such operating guidelines as may be necessary to implement
this Executive Order, subject to the approval of the President. It shall
submit to the President reports of its activities with appropriate
recommendations for the information and guidance of the President.

SECTION 12. Coordinating Instructions. — The
objective of this issuance is to focus and maximize the impact on
organized and large-scale smuggling and related crimes to be addressed
solely by the Presidential Anti-Smuggling Task Force ” Aduana” operating
directly under the Office of the President, while the Philippine
National Police shall continue to be the primary general law enforcement
agency of the country pursuant to Republic Act No. 6875, as amended and
shall not interfere with any anti-smuggling operations. Accordingly,
close coordination and cooperation shall be undertaken by the Head of
the Task Force, The Chief of the PNP and other heads of customs law
enforcement agencies, to insure effective and efficient prosecution of
the anti-smuggling campaign, and to avoid overlapping of functions.

SECTION 13. Repealing Clause . — Executive Order
No. 150 dated September 3, 1999 is hereby repealed. All other orders,
issuances, rules and regulations, or parts thereof which are
inconsistent with this Executive Order are hereby repealed or modified
accordingly.

SECTION 14. Effectivity . — This Executive Order shall take effect immediately.

Adopted: 12 Jan. 2000

By the President:

(SGD.) RONALDO B. ZAMORA
           Executive Secretary