MANILA, Philippines?A Manila court Tuesday declared the creation of the Presidential Anti-Smuggling Group (PASG) illegal, invalid and unconstitutional.
In his nine-page order, Manila Regional Trial Court Branch 26 Judge Silvino Pampilo Jr. also ruled that Executive Order 624, the law which created the PASG, was in violation of the doctrine of separation of powers or the constitutionally mandated system of checks and balances between the executive and the legislative branch.
Pampilo issued the ruling in response to a petition for declaratory relief filed by British national Siu Ting Alpha Kwok, who was earlier arrested and detained by the PASG for allegedly smuggling millions worth of jewelry and precious gems.
Kwok?s lawyers questioned the constitutionality of the PASG?s existence and urged for its abolition.
In her petition, Kwok claimed that EO 624 had become a source of excessive abuses and official lawlessness.
PASG agents raided in August last year Kwok?s residence on the 17th floor of the Pacific Place in Ortigas Center, Pasig City, and arrested Kwok for allegedly illegally selling the precious gems.
In its ruling, the court agreed that Malacañang had committed an error when it created the PASG ?because it is tantamount to usurpation of legislative power.? This was a violation of the doctrine of separation of powers, the court added.
The creation of the PASG, headed by Undersecretary Antonio Villar Jr., was contrary to the provisions of the Tariff and Customs Code, and duplicated the powers and functions of the work of the Bureau of Customs, particularly in dealing with smuggling in the country, the court said.
While the President is authorized to effect organizational changes within the executive department, including the creation of offices for the purpose of achieving simplicity, economy and efficiency, the court said this was not achieved with the creation of the PASG.
The functions being performed by the PASG are already being performed by the BoC under the Tariff and Customs Code, thus simplicity is not achieved, it noted.
