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EXECUTIVE ORDERS

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EXECUTIVE ORDER NO. 282

EXECUTIVE ORDER NO. 282 - DEACTIVATING THE PRESIDENTIAL ANTI-SMUGGLING TASK FORCE “ADUANA”

WHEREAS, Presidential Anti-Smuggling Task Force “ADUANA” hereinafter referred to as PASTFA, was created pursuant to Presidential Memorandum dated October 5, 1999 and subsequently by Executive Order 196 dated January 7, 2000 purposely to neutralize, investigate and prosecute large-scale smuggling and other frauds upon customs and strengthen enforcement revenue laws; 

WHEREAS, during the period of its existence, Presidential Anti-Smuggling Task Force “ADUANA” has effectively accomplished its duties and functions leading to the neutralization of smuggling syndicates, apprehension of highly dutiable smuggled items and increased revenues for the government;

WHEREAS, PASTFA is composed primarily of personnel from the Intelligence Service of the Armed Forces of the Philippines (ISAFP) and Presidential Security Group (PSG) and there is now a need to refocus and concentrate on their respective assigned duties and functions as guardians of the security of the state; 

WHEREAS, the resurgence of various national security threat groups necessitates ISAFP in particular and the Armed Forces of the Philippines in general to address the situation and accordingly preserve peace and order and maintain stable security for the general welfare of the people; 

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. Deactivation of the Task Force. — The Presidential Anti-Smuggling Task Force is hereby deactivated effective September 5, 2000.

Sec. 2. Absorption of the Mission and Functions of the Task Force. — The mission and functions of PASTFA shall be absorbed by the Bureau of Customs in accordance with the Tariff and Customs Code.

Sec. 3. Turn-Over of Apprehended Smuggled Goods. — Smuggled imported items seized or confiscated by the PASTFA under a duly issued Warrant of Seizure and Detention (WSD) shall, after requisite inventory, be turned over to the Bureau of Customs (BOC) for safekeeping, custody and disposition.

Sec. 4. Turn-Over of Records, Documents and Other Holdings. — Records, documents and other holdings of PASTFA relative to smuggling and other frauds upon customs shall be turned-over to the Commissioner of Customs within a period of fifteen (15) days after deactivation of the Task Force.

Sec. 5. Pending Criminal Cases. — Criminal cases instituted by PASTFA and still pending with the regular courts or Department of Justice (DOJ) shall continuously be handled or prosecuted by DOJ in coordination with ISAFP lawyers who will ensure the attendance of witnesses and production of evidence.

Sec. 6. Seizure Proceedings at the BOC. — All pending seizure cases filed by PASTFA at the Bureau of Customs shall be handled jointly by BOC and ISAFP lawyers.

Sec. 7. Cases Against PASTFA, ISAFP and PSG Personnel. — All cases already filed and those that may be filed in the future in connection with the operations of PASTFA before its deactivation, shall be handled by the Office of the Solicitor General lawyers who were previously assigned to PASTFA.

Sec. 8. Disposition of Personnel. — All Officers, enlisted personnel and civilian employees detailed to PASTFA shall immediately return to their respective mother units upon deactivation.

Sec. 9. Awards and Rewards Due to Informants and Other Operatives. — Corresponding awards and rewards for successful operations of PASTFA shall continue to be processed by the BOC in close coordination with ISAFP lawyers and shall be given only to the rightful claimant/informants in accordance with applicable laws.

Sec. 10. Effectivity. — This Executive Order shall take effect on September 5, 2000.

DONE in the City of Manila, this 4th day of September, in the year of our Lord, Two Thousand.

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