Court issues 72-hour TRO vs 15 customs execs’ transfer

Customs Commissioner Rozzano Rufino Biazon: Ultra vires INQUIRER FILE PHOTO

MANILA, Philippines—Manila Regional Trial Court (RTC) Judge Marino de la Cruz Jr. granted Tuesday the 72-hour temporary restraining order (TRO) sought by 15 Bureau of Customs (BOC) collectors who had been ordered transferred to a newly created office under the Department of Finance (DOF).

The 15 customs collectors on Tuesday asked for the TRO on their transfer, 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.

“It appears from the allegations in the petition that there is extreme urgency in the matter as the assailed CPO was made effective immediately,” the decision said, citing the petitioners’ arguments.

“They have shown a prima facie case for the court to believe that the act of (Customs Commissioner Rozzano Rufino Biazon) is ultra vires for having been issued beyond his authority,” it added.

Under the CPO signed by Biazon on Sept. 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.

The CPO detailed “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 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 is a scheme to constructively dismiss and demote them.