Palace: Military takeover at BOC legal, temporary
Presidential spokesperson Salvador Panelo on Monday stressed that the military "takeover" of the Bureau of Customs is temporary and President Rodrigo Duterte has the authority to direct the Armed Forces of the Philippines to assist the bureau.
In a press briefing, Panelo stressed that the president is the head of state and has control over all executive offices, including the Bureau of Customs, and the commander-in-chief of the Armed Forces of the Philippines.
"The president is authorized under the law to direct the movements of the members of the AFP in any manner he deems it fit," the Palace spokesman, who is also the presidential legal state counsel, added.
Article XVI Section 5 (4) of the Constitution provides that; “no member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the government, including governmentowned or controlled corporations or any of their subsidiaries.”
Duterte has designated retired general Rey Guerrero, former AFP chief, to take over the Bureau of Customs chief spot, after the agency was embroiled in another case of alleged shabu slipping past inspectors.
Last weekend, the president also said that the personnel of the Bureau of Customs would be on “floating status” and they would later be “replaced...all of them...by military men.”
The president has repeatedly said that he prefers appointing former military officers because they follow orders.
The Palace spokesman also stressed that “the designation of the personnel of AFP is only temporary.”
Panelo explained that the uniformed forces are coming to the bureau, which requires some technical expertise to run the BOC, to assist first.
"There would (be) continuity in the sense that these people will come in to assist them first and then eventually they would be taking over respective positions... Even the paperwork, will be undertaken by them but the AFP people will watch over them," the Palace spokesman said.
He also stressed that Guerrero would be able to learn the expertise needed to run the Customs bureau as the president believes that the former military man is competent and has integrity.
"He could be a very good bureau chief of a graftridden bureau," Panelo said.
Panelo said that the “paperwork” of the president’s new directive will “come in shortly.”
Justice Secretary Menardo Guevarra, for his part, assured that Guerrero’s appointment to the Customs bureau does not violate the civilian supremacy rule that states that “civilian rule shall at all times be supreme.”