Court set to resolve Customs’ collectors’ petition vs TRO

MANILA, Philippines — A Manila court has submitted for resolution the petition of collectors from the Bureau of Customs to stop their transfer to a newly created office under the Department of Finance.

The Manila Regional Trial Court (RTC) Branch 17 already submitted for resolution the bid of collectors from the Bureau of Customs to stop their transfer to a newly created office under the Department of Finance.

Petitioners are asking Manila Executive Judge Marino M. Dela Cruz Jr. of Regional Trial Court Branch 17 for a 17-day extension of the 72-hour temporary restraining order (TRO) he issued.

The Manila Court issued the restraining order, citing “extreme urgency” that could violate the right of the affected Customs collectors.

The 15 customs collectors on Tuesday asked for the TRO, citing lack of due process and violation of their security of tenure.

They also filed a case of declaratory relief questioning the validity of a customs personnel order (CPO) on their transfer.

Under the CPO signed by Biazon on September 17, 27 customs collectors will be detailed to the Customs Policy Research Office (CPRO), which was created by Executive Order No. 140 with the task of reviewing tariff and customs administration policies. The new research body is under the Department of Finance.

“All 15 petitioners, together with 12 other collectors of customs, to an advisory capacity of a policy-coordinating body under the guise of reorganization, thus effectively rendering vacant the 27 positions of collectors of customs throughout the country,” the CPO said.

The 15 customs collectors pointed out that it was beyond the powers of the customs commissioner to transfer them to a body outside of the BOC.

They claimed that their transfer was a scheme to constructively dismiss and demote them.