A Manila Regional Trial Court (RTC) judge has ordered the abolition of the Presidential Anti-Smuggling Group (PASG) after it ruled that its creation was illegal and unconstitutional.
Judge Silvino Pampilo Jr. of the Manila RTC Branch 26, declared as illegal and unconstitutional Executive Order No. 624, which created the PASG.
In his nine-page decision, Pampilo granted the petition of British national Siu Ting Alpha Kwok, also known as Alpha Kwok, for declatory relief which sought to declare the Executive Order 624 invalid and unconstitutional.
“Wherefore, premises considered, the Petition for Declatory relief is hereby granted. Executive Order No. 624 is hereby declared illegal, invalid, unconstitutional and in violation of the doctrine of separation of powers, checks, and balances,” said Pampilo.
Kwok, a British national, who was earlier arrested and detained for allegedly smuggling jewelry and precious gems worth millions of pesos, sought the declaratory relief last Oct. 30.
“The PASG, likewise, fails to promote efficiency. The Alliance of Customs Brokers, Truckers, Importers and Organizations Nationwide (ACTION) submitted a manifesto 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,” the decision said.
Through her lawyer Bonifacio Alentajan, Siu Ting Alpha Kwok filed the petition for declaratory relief with application for preliminary injunction and temporary restraining order against Executive Secretary Eduardo Ermita and PASG chief Antonio Villar Jr.
Kwok claimed EO 624 had become a source of excessive abuses and official lawlessness and that the creation of PASG grossly violated the constitutional doctrine of separation of powers.
The complainant, through Alentajan, said that the power and functions of the PASG duplicated those of the Bureau of Customs, particularly, those addressing the problem of smuggling.
“As such, it emasculates the powers and functions of the Bureau of Customs which is provided for by the law,” Alentajan said, adding that the operations of the PASG caused confusion to the public and weakens investor confidence due to the usurpation and duplication of the functions of the Bureau of Customs.
Pampilo, in resolving the constitutionality of Executive Order 624, agreed that the ordinance power of the President to issue executive orders was limited to the implementation or execution or statutory power and that the creation of PASG was not a product of simply reshaping or reorganizing the bureaucracy.
“The executive order created another instrumentality which is not allowed because it is tantamount to usurpation of legislative power and violation of the doctrine of separation of powers between the executive branch and legislative branch of the government,” Pampilo said.
“It cannot be said that the provisions of E.O No. 624 merely invested the PASG agents with additional duties because perusal of the records will reveal that the actions of PASG do not bear the conformity of the Bureau of Customs. They act independently,” he said.
Pampilo also said that the creation of PASG did not achieve simplicity, economy and efficiency since the agency’s function was already being performed by other agencies.
Instead of being achieving simplicity of performance, Pampilo said that the creation of PASG only resulted to the duplicity of functions.
Pampilo said there was no economy in the creation of PASG since the department, which does the same functions with other agency, received a huge allocation of budget, where in fact it could have likewise been saved by the government.
“The PASG has an initial allocation of P50 million which is a huge amount considering that the Bureau of Customs, Philippine National Police, National Food Authority, Marina and other agencies have their respective budgets to conduct surveillance, intelligence activities for the purpose of preventing smuggling and other related illegal activities. Thus there is no economy,” he said.
As for its efficiency, the judge pointed out that it 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.
“There being sufficient evidence to support the petitioner’s contention, the Petition for Declatory Relief is hereby Granted,” he said.
PASG agents staged a raid on Aug. 18 on Kwok’s residence on the 17th floor of Pacific Place in Ortigas, Pasig City, and arrested Kwok for allegedly selling precious gems illegally.
But the PASG officers never filed any criminal or administrative case against Kwok before any court, tribunal, or quasi-judicial body in the Philippines, the lawyer said.
“The PASG illegally arrested Kwok “without the benefit of any warrant to support the arrest, and on a mere suspicion of violating the Tariff and Customs Code. Clearly, she was not committing any offense at the time of her illegal arrest.”
He claimed there was “no pending case nor any deportation charge” against Kwok ordered by the immigration bureau.
Kwok was not allowed to post bail for her provisional liberty despite having filed a petition to post bail.
Kwok earlier filed graft, arbitrary detention, violation of domicile, maliciously obtaining search warrants, perjury and unlawful arrest charges against Villar and seven other PASG officers. (PNA)
RMA/JES