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E-mailA Manila court has called for the abolition of the Presidential Anti-Smuggling Group (PASG), which was formed in 2007 by President Gloria Macapagal-Arroyo to combat smuggling and unlawful traffic of goods in and out of the country.
According to Judge Silvino Pampilo of the Manila Regional Trial Court Branch 26, the executive order which created the group violated the Tariff and Customs Code, therefore breaching the separation between the government’s executive and legislative departments. The PASG also failed to promote efficient government action against smuggling, caused unnecessary expenditures for the government, and performed functions already assigned to the Bureau of Customs.
"Wherefore premises considered the petition for declaratory relief is hereby granted,” the 9-page ruling said. “Executive Order 624 is hereby declared illegal, invalid, unconstitutional and in violation of the doctrine of separation of powers, checks and balances.”
The case against the PASG arose from a petition by British national Siu Ting Alpha Kwok to declare Executive Order 624 unconstitutional. Kwok was earlier apprehended by the PASG for allegedly smuggling in diamonds from Hong Kong.
According to her lawyer, “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.”
Kwok’s lawyer added that the PASG never filed any criminal case against Kwok before a court of law, nor did they allow her to post bail when she filed for it. Kwok has since filed graft, arbitrary detention, violation of domicile, maliciously obtaining search warrants, perjury, and unlawful arrest charges against the PASG.
Malacanang has accepted the ruling, although it said the PASG has been doing “excellent work.”
"If the order is final and executory… The Palace always abides by the court's orders. So we will comply with the recommendations of the court and proceed with the appropriate actions," said Deputy Presidential Spokesperson Gary Olivar.
"We would like to commend PASG for the excellent work that they have done in the anti-smuggling drive over the years since it was created by [the] President," he added.
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