[ BC CUSTOMS MEMORANDUM CIRCULAR NO. 535-96, October 31, 1996 ]
PROHIBITION AGAINST UNAUTHORIZED INTERCEPTION OF GOODS FOR ALLEGED VIOLATIONS OF CUSTOMS LAWS
Attached for your information and guidance is a memorandum dated October 24, 1996 of Mr. Hermogenes E. Ebdane, Jr., Police Chief Superintendent, Regional Director, National Capital Regional Police Office, National Police Commission to all NCRC District Directors and Chiefs of Offices/Divisions, HQS NCRPO, the subject of which is the Prohibition Against Unauthorized Interception of Goods for Alleged Violations of Customs Laws.
Adopted: 31 Oct. 1996
(SGD.) RAY M. ALLAS
Deputy Commissioner
Internal Administration Group
"Attachment"
MEMORANDUM
Prohibition Against Unauthorized Interception of Goods for alleged Violations of Customs Laws
1. This Office received reports that some NCRPO personnel are intercepting cargo trucks, vans or vehicles loaded with goods coming from manufacturing firms, business establishments and factories under the guise or for flimsy reason of looking into alleged smuggled goods or contraband items.
2. With the advent of the Christmas season, we are anticipating the proliferation of these activities. In this connection, all personnel are directed that no interception of vans, cargo trucks or vehicles should be made purportedly for alleged technical smuggling or for alleged lack of documentation of goods that come out from business establishments, manufacturing firms or more so from the Customs zone. It is beyond our function to question whether proper taxes have been collected. The enforcement of customs laws is the proper province of the Bureau of Customs, therefore, we should only act when there is specific request for enforcement assistance from the Commissioner, Bureau of Customs.
3. All NCRPO personnel are also prohibited to individually entertain alleged special agent doing individual coordination in this regard. Request for assistance must be from office to office. The rationale for this policy is based on lessons learned from the past wherein individual arrangements between and among agents of different offices only resulted in harassment or extortion. Furthermore, information or intelligence report about smuggling or any violation of Customs Laws should be referred to respective District Directors into this Hqs for further referral to the Customs Commissioner.
4. This policy has been promulgated to prevent harassment of legitimate traders by unscrupulous personnel. Violation of this policy shall be dealt strictly with administrative sanction.
5. For widest dissemination and compliance.
Adopted: 24 Oct. 1996
(SGD.) HERMOGENES E. EBDANE JR.
Police Chief Superintendent
Regional Director
Adopted: 31 Oct. 1996
Deputy Commissioner
Internal Administration Group
"Attachment"
1. This Office received reports that some NCRPO personnel are intercepting cargo trucks, vans or vehicles loaded with goods coming from manufacturing firms, business establishments and factories under the guise or for flimsy reason of looking into alleged smuggled goods or contraband items.
2. With the advent of the Christmas season, we are anticipating the proliferation of these activities. In this connection, all personnel are directed that no interception of vans, cargo trucks or vehicles should be made purportedly for alleged technical smuggling or for alleged lack of documentation of goods that come out from business establishments, manufacturing firms or more so from the Customs zone. It is beyond our function to question whether proper taxes have been collected. The enforcement of customs laws is the proper province of the Bureau of Customs, therefore, we should only act when there is specific request for enforcement assistance from the Commissioner, Bureau of Customs.
3. All NCRPO personnel are also prohibited to individually entertain alleged special agent doing individual coordination in this regard. Request for assistance must be from office to office. The rationale for this policy is based on lessons learned from the past wherein individual arrangements between and among agents of different offices only resulted in harassment or extortion. Furthermore, information or intelligence report about smuggling or any violation of Customs Laws should be referred to respective District Directors into this Hqs for further referral to the Customs Commissioner.
4. This policy has been promulgated to prevent harassment of legitimate traders by unscrupulous personnel. Violation of this policy shall be dealt strictly with administrative sanction.
5. For widest dissemination and compliance.
Adopted: 24 Oct. 1996
Police Chief Superintendent
Regional Director