Opposition senatorial bets say AFP takeover of BOC unconstitutional

Former Bayan Muna Rep. Neri Colmenares (File photo by KIMBERLY DELA CRUZ / Philippine Daily Inquirer)

Lawyers running in next year’s senatorial race believe that President Rodrigo Duterte’s decision to place the Bureau of Customs (BOC) under the control of the Armed Forces of the Philippines (AFP) is unconstitutional.

Makabayan senatorial bet and Bayan Muna chairman Atty. Neri Colmenares on Tuesday reminded Mr. Duterte of the provision under the 1987 Constitution, which bars military personnel from being appointed to government offices.

“That is a violation of many constitutional provisions in the Constitution.  Article 16 Section 5 (4) states that ‘No member of the armed forces in the active service shall, 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’,” Colmenares said in a message to INQUIRER.net.

“Designating military men to customs duties is a direct contravention of this provision,” he added.

According to former Solicitor General and Liberal Party candidate Atty. Florin Hilbay, Malacañang’s move went against the 1987 Constitution’s “civilian supremacy clause”.

“Placing the Bureau of Customs under military control is a clear violation of the civilian supremacy clause of the Constitution and of our civil service rules,” Hilbay told INQUIRER.net.

“The President has no authority to use the military for a civilian function of imposing customs duties and curbing smuggling at our ports,” he noted.

Former Solicitor Gen. Florin Hilbay INQUIRER FILE PHOTO / MARIANNE BERMUDEZ

On October 25, Duterte transferred BOC chief Isidro Lapeña to the Technical Education and Skills Development Authority (Tesda) and fired all other executives of the bureau amid the P11-billion “shabu” smuggling controversy.

READ: Duterte fires all Customs execs amid ‘shabu’ scandal

Then on Monday, Duterte said he has ordered AFP to takeover the beleaguered agency, which will now be headed by former AFP Chief of Staff Rey Guerrero.

“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.

READ: Duterte puts Customs under military control

Earlier, lawyer Christian Monsod, who took part in framing the 1987 Constitution, said there might be no problem in appointing as heads of government’s civilian offices retired military personnel. But Monsod sought clarification on Mr. Duterte’s pronouncements — whether the President meant retired “military” people or those still in active service.

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

As for Colmenares, however, the military cannot be trusted with handling offices such as the BOC due to past issues and accusations of corruption.

“The military and the PNP are also not known for being clean as we have launched many congressional investigation on pasalubong and pabaon, ghost returnees, helicopter deal and other corrupt practices,” he explained.   /kga