Palace: Soldiers won't hold designations at BOC, will 'intimidate' corrupt personnel

Malacañang on Tuesday clarified that soldiers will not hold assignments or designations at the Bureau of Customs (BOC) following criticisms that President Rodrigo Duterte's order for the military  to "take over" the operations there would be unconstitutional.

Presidential spokesperson Salvador Panelo told a news conference that the President “is not appointing or designating any particular member of the Armed Forces,” a day after claiming that the “designation” of soldiers at the bureau will only be temporary.

"These people will be there first to make their presence felt that hopefully will intimidate those corrupt people there. [And] number 2, to assist them,” Panelo said.

Panelo said the soldiers would be “effectively” guarding the BOC employees  to make sure that all operations are in order and all laws are strictly enforced in all processes undertaken.

“The mere presence of these people there would I think do something right. Being there would be assisting them in that sense,” he said.

Panelo also said members of the Armed Forces of the Philippines would still report to military chief Carlito Galvez Jr.

Asked if the soldiers will eventually take over the functions of the BOC employees, the Palace spokesman said: “Sa ngayon hindi but if it comes to a point na kailangan the Constitution allows it.”

Some senators earlier criticized the plan of a military takeover of the BOC.

Senator Francis Escudero said Section 18, Article 6 of the 1987 Constitution states that the  President, as commander-in-chief, can only call out the AFP to prevent or suppress lawless violence, invasion or rebellion.

“These factors (lawless violence, invasion or rebellion) are not attendant at the Bureau of Customs,” Escudero said in a statement.

Senators Risa Hontiveros said Duterte was violating the constitutional principle of the supremacy of civilian authority over the military.

Article 16, Section 5(4) of the Constitution, meanwhile, bars appointments of active military officers to civilian posts, including government-owned or -controlled corporations or any of their subsidiaries.

"What's stopping the President from ordering a military takeover of other government agencies as well? His order is not a demonstration of political will, it is a pathetic display of weak leadership,” Hontiveros said.

State of lawlessness

Panelo, however, said the government has the constitutional mandate to serve and protect the people. He likened the situation at the BOC to a “state of lawlessness” which the President can use to justify in calling out the AFP.

"You cannot make this President hostage to a particular provision without relating to previous provisions that grant him authority as well as obligation and duty to serve and protect this nation,” he said.

"There is a state of lawlessness there. If you can bring in hundreds of kilos of drugs, there must be some grave wrong in that area and there is a state of lawlessness there.”

He added the state of lawlessness does not refer only to physical violence.

“It's not just physical violence. You do violence to the Constitution, you do violence to the law. That's a state of lawlessness,” he said.

Panelo, in a separate statement, hit back at critics of Duterte’s latest policy, saying they “demand decisive actions from the administration but are more than quick to complain once a resolute decision has been reached by the President.”

“Before they criticize, they should first understand a rudimentary principle in statutory construction that a law, or even the Constitution, must not be read in truncated parts,” he said.

Duterte on Sunday turned to the military to fix the BOC after he removed Isidro Lapeña as commissioner amid criticism over the P11-billion shabu shipment that allegedly escaped port inspections last August.

The President said that he was forced to take drastic action given the "dirty games" being played at the BOC, in which corrupt officials hide behind procedural requirements to keep from being rooted out.

Duterte has since tapped former AFP chief Rey Leonardo Guerrero to head the BOC.

“With former General Rey Guerrero as our Customs Commissioner, coupled with the assistance of AFP Chief-of-Staff Carlito Galvez and his men, we are hopeful that the BOC will be finally cleansed from corruption and drug-related activities,” Panelo said. —KBK, GMA News