Commissioner Isidro Lapeña conferred the training certificates to the 61 enforcement
and intelligence agents who successfully completed the 90-day training under the new
Customs Training Institute.
These new customs enforcement and intelligence agents will perform their duties
despite the fact that President Digong temporarily puts the bureau of customs
under military control.
The temporary takeover of military personnel at the Bureau of Customs as ordered
by President Rodrigo Duterte does not violate the civilian supremacy rule, his
justice secretary said Monday.
As chief executive, Duterte “has the power of supervision and control over the entire
Executive Dept, and is duty-bound to ensure that all laws be faithfully executed,”
said Secretary Menardo Guevarra.
Senator Escudero on the other hand said that perhaps what President Duterte meant
was for the AFP to assist in the law enforcement function of the Bureau of Customs
which, to a certain degree can be done as with other law enforcement activities
where the AFP has been called upon to assist the PNP.
Under Sec. 18, Art. VI of the Constitution, the President, as Commander-in-Chief,
can only call out the Armed Forced of the Philippines to “prevent or suppress
lawless violence, invasion or rebellion.” These factors are not attendant at the
Bureau of Customs.
Further, Art. XVI, Sec. 5(4) of the Constitution 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 GOCC’s or any
of its subsidiaries”
Senator Lacson meanwhile in his twitter account said, that in the early 60’s,
some young, idealistic AFP officers were put in charge of the BOC operations.
They learned fast, they couldn’t be bribed or intimidated. The smugglers used
equally young, beautiful women to influence them. The rest is history we don’t
want to remember.