Palace defends Customs military takeover ‘constitutional’
PRESIDENT Rodrigo Duterte's directive to the military to take over the operations of the Bureau of Customs (BOC) in the meantime is constitutional, Malacañang said on Monday, October 29.
Presidential Spokesperson Salvador Panelo insisted that Duterte, as both Chief Executive and Commanderin-Chief of the Armed Forces of the Philippines, was merely wielding his "constitutionally mandated functions" when he made the order.
Panelo'e statement came after critics have expressed strong opposition to the planned military takeover of the Customs bureau.
"Contrary to the claims of the usual critics of the Administration, the President’s latest directive to the Armed Forces of the Philippines to temporarily oversee the Bureau of Customs is not just based on law but is also grounded on our Constitution," he said in a statement issued late Monday night.
"Ours is a civilian President who functions as both Chief Executive and Commander-in-Chief of the Armed Forces. In instructing men from the AFP to ensure that all laws are enforced within the Bureau of Customs, the President is merely exercising his constitutionally mandated functions," he added.
Several lawmakers have questioned Duterte's plan to let the military takeover the BOC, in an effort to stop corruption within the bureau.
Citing Section 18, Article 7 of the 1987 Constitution, Senator Francis Escudero on Monday said Duterte can only call out the AFP "to prevent or suppress lawless violencen invasion or rebllion," factors that are "not attendant at the BOC."
Opposition senators Risa Hontiveros and Leila de Lima also said that letting the military take charge of the BOC would be in violation of the supremacy of civilian rule, as enshrined in the Constitution.
To recall, Duterte in September 2016 signed Proclamation 55, placing the entire country under a state of national emergency on account of lawless violence in Mindanao.
Under Proclamation 55, the military and the police are ordered to "undertake such measures as may be permitted by the Constitution and existing laws to suppress any and all forms of lawless violence in Mindanao and to prevent such lawless violence from spreading and escalating elsewhere in the Philippines."
In a speech delivered on Sunday, October 28, Duterte cited the proclamation as his basis for the military's deployment at the BOC.
"Remember, I have issued, during the first days of my term, this is the declaration of lawlessness. Part of the lawless elements is there inside the Bureau of Customs," the President said.
Panelo said that while the 1987 Constitution mandates that "civilian authority is supreme over the military," the country has Duterte, "a civilian leader who is also the head of the military."
And as mentioned by the Supreme Court in Kulayan v. Tan, the President, who is also the Commander-inChief, is “authorized to direct the movements of the naval and military forces placed by law at his command, and to employ them in the manner he may deem most effectual," he added.
"The recent order of the President to the military is likewise in line with – and is actually part of – the latter’s constitutional role in securing the integrity of our national territory, which necessarily covers the BOC," the Palace official said.
As provided in the 1987 Constitution, the President, being the Chief Executive, has control of all the executive departments, bureaus, and offices. The BOC is certainly an executive office, over which the President has control.
Panelo said Duterte, who has control of all the executive offices like the BOC, is permitted by the fundamental charter "to direct people he trusts to perform the duties ascribed to the said bureau."
"Aside from the President’s power of control, the Administrative Code also bestows upon the President, as Head of Government, the continuing authority to reorganize the structure of executive offices and redistribute their functions should the same be necessary for efficiency," he stressed.
"Finally, we should remember that the prime duty of the government under the 1987 Constitution is to serve and protect the people, which comes with a corresponding obligation to maintain peace and order for the promotion of the general welfare of our nation and its constituents," he added.
Panelo said the principle of the Constitution motivated the President to order the AFP to "assume law enforcement activities in the BOC and terminate the nefarious practices being carried out thereat."
"Time and again, the President assures everyone that as a lawyer, he knows the limits of the power and authority of his office," he said.
"Hence, our people can be assured that the directives by the President are well-studied, supported by the rule of law and, most importantly, intended solely for the benefit of our country," he added.