Constitutional expert: Nothing wrong if BOC head is ex-military

Lawyer Christian Monsod. INQUIRER FILE

A framer of the 1987 Constitution said Tuesday that President Rodrigo Duterte would not violate any law if military people appointed to lead the Bureau of Customs (BOC) were already retired from the Armed Forces of the Philippines (AFP).

“There is no violation of the constitution if those ‘military’ involved are not in active service,” lawyer Christian Monsod told INQUIRER.net in a text message.

Monsod cited Article XVI, Section 5, sub-paragraph 4 of the 1987 Constitution, which said that active AFP personnel cannot “at any time, be appointed or designated in any capacity to a civilian position in the Government including government-owned or controlled corporations or any of their subsidiaries”.

Critics have called out Duterte for supposedly placing BOC under the control of the AFP, to address issues of corruption and incompetence after P11-billion worth of illegal drugs were allegedly smuggled into the country.

“They will be replaced, all of them, by military men. It will be a takeover of the Armed Forces in the matter of operating, in the meantime, while we are sorting out how to effectively meet the challenges of corruption in this country,” Duterte said in a speech on Monday.

READ: Duterte puts Customs under military control

Monsod sought clarification on whether Duterte was referring to active AFP members or former AFP Chief of Staff and incoming Commissioner Rey Guerrero when he said “military” takeover.

“Is that what the President said?  Or his “military” means retired or people not in active service?” he asked.

He also emphasized that there would be no problem if Guerrero headed the BOC because he was already a civilian again.

“Former Chief of Staff Guerrero is retired.  Is there anybody hired who is in active service?  Who does Guerrero report to?” he added.

AFP Spokesperson Brig. Gen. Edgard Arevalo earlier said a contingent composed of officials from the Army, Air Force, Navy, and the Marines is being formed for a temporary special duty at the BOC.

READ: AFP forms contingent for military takeover of Customs

But opposition groups have already sounded the alarm on the sheer number of ex-military officials occupying sensitive posts in the government, saying that the administration is starting to look like a military junta.

Aside from Guerrero — who was Marina administrator prior to his BOC designation — other former AFP chiefs in Duterte’s cabinet include Environment Secretary Roy Cimatu and acting Interior Secretary Eduardo Año.

Other military men include Social Welfare Secretary Rolando Bautista; Technical Education and Skills Development Authority Director General Isidro Lapeña, whom Guerrero replaced as BOC commissioner; Bureau of Corrections Director Nicanor Faeldon; and Metro Manila Development Authority Chair Danilo Lim. /cbb

READ: Lawmakers worry over appointment of military official as DSWD head