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Foreign trader seeks abolition of PASG before Manila court

By Benjamin B. Pulta

10/31/2009

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A trader has filed a suit before the Manila Regional Trial Court (RTC) questioning the legality of a Palace order creating the Presidential Anti-Smuggling Group (PASG).

In a 30-page petition, businessman Siu Ting Alpha Kwok, who bears a British passport, through his lawyer Bonifacio Alentajan urged the court to issue a restraining order from the Manila court to declare Malacañang’s Executive Order (EO) 624 illegal.

Kwok claimed he was victimized in an allegedly rogue operation of PASG which supposedly yielded P500 million worth of jewelry, including diamonds, in a raid on her Pasig condominium last Aug. 18.

Named respondents to the suit before the Manila RTC were Executive Secretary Eduardo Ermita and PASG Chief Antonio Villar Jr.

The suit points out that the Palace order creating the PASG is a duplication of the work of the Bureau of Customs (BoC) and, therefore, violates the constitutional doctrine of separation of powers. It claimed the order is also contrary to the Tariff and Customs Code which tasks BoC to curb smuggling in the country.

“The operations of the PASG cause confusion to the public and weakens investor confidence due to its usurpation and duplication of the functions of the Bureau of Customs. The operations of the PASG deny due process of law and are in the nature of a bill of attainder (punishment without judicial trial), particularly the filing and prosecution of charges,” the petition explained.

Kwok said only Congress has the power to enact laws in creating government offices and it is not within the powers of Malacañang.

It was pointed out that another culpable violation of the Constitution was committed by President Arroyo as a clear abuse of executive function.

“The creation of PASG grossly violates the constitutional doctrine of separation of powers. Being contrary to the provisions of the Tariff and Customs Code (Presidential Decree 1464), it practically amended, revised and modified the law. This power belongs to Congress only,” the petition states.

The lawyers pointed out that there was no publication in the “Official Gazette nor in in a newspaper of general circulation as to the EO. Worse, it appropriated P50 million from the President’s Contingency Fund without any legislative mandate to do so.”

Kwok argued that “an ad hoc group such as the PASG cannot usurp the powers of the Bureau of Customs. Decidedly, all actions relative to, and enforcements of the Tariff and Customs Code by the PASG without authority from the Commissioner of Customs are null and void.”

Kwok’s counsels claimed since PASG has no official authority from BoC to conduct its anti-smuggling operations. its operations maybe considered illegal.

Another group, the Alliance of Customs Brokers, Truckers, Importers and Organizations Nationwide Action, has also sought the abolition of PASG.