Border Control
Police Authority
Topic 2
POLICE AUTHORITY:
POWER TO EFFECT SEARCH, SEIZURE AND ARREST
PERSONS AUTHORIZED TO EXERCISE OF POLICE AUTHORITY
1. BOC officials, District and Deputy Collector, Police Officers, Agents, Inspectors and Guards;
2. Upon authorization by the Commissioner, specifically named officers and members of AFP and National Law Enforcement
Agencies; and
3. BIR officials on all cases falling within the regular performance of their duties, when payment of internal revenue taxes is
involved.
PLACES WHERE AUTHORITY MAY BE EXERCISED
1. All premises used for customs purposes including customs offices, facilities, warehouses, ports, airports, wharves,
infrastructure and other premises in the Customs Districts, within the limits of the authority granted by the Commissioner,
without prejudice to the general powers of the LGUs, PCG and law enforcement agencies in the exercise of their functions;.
2. Customs jurisdiction: All land, seas, and air within the Philippine territory, including bays, harbors, rivers and inland waters
whether navigable or not from the sea and any means of conveyance.
- Hot pursuit: BOC shall pursue goods and vessels/aircrafts
subject to seizure. Vessels/aircrafts may be seized in
international waters/airspace
3. Free zones, provided proper coordination with the zone authorities shall be observed at all times
Extent of police authority
1. Exercise of Power of Seizure: Any person exercising police authority has the power and duty to seize any vessel, aircraft,
cargo, goods, animal or any other movable property when the same is subject to forfeiture or when they are subject of a fine
imposed.
2. Authority to Require Assistance: Any person exercising police authority may demand the assistance of and request
information from PNP, AFP and other national law enforcement agency, when necessary to effect any search, seizure or arrest. It
shall be the duty of any police officer and other national law enforcers to give such lawful assistance.
3. Authority to Search Dwelling House: A dwelling house may be entered and searched only upon warrant issued by a Judge of a
competent court, the sworn application thereon showing probable cause and particularly describing the place to be searched
and the goods to be seized. Guard living with family in warehouse does not make warehouse a dwelling house.
4. Authority to Enter Premises: Any person exercising police authority may at any time enter, pass through,and search any land,
enclosure, warehouse, store,building or structure not principally used as a dwelling house.
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For the proper exercise of police authority, any authorized person shall disclose the nature of theauthority upon being
questioned at the time of exercise thereof and shall exhibit the corresponding written authority issued by the Commissioner.
(The nature of the authority shall be disclosed at thestart of the exercise of police authority and exhibit the Mission Order).
AUTHORITY TO ENTER PREMISES
Allowed to use means as may be necessary to open the gates or entrance under any of the following circumstances:
a. Owner or person in charge of the premises is missing or cannot be located within a reasonable time;
b. The person in charge of the premises refuses to allow entry;
c. There is firm belief that the persons inside the premises are engaged in activities aimed at removing any evidence regarding
the presence of goods violative of CMTA, and execution of the mission would be frustrated unless entry is made.
The use of necessary means to open the gate or entrance shall be made in the presence of Barangay Chairman or his authorized
representative and the police having jurisdiction over the area.
5. Authority to Search Vessels or Aircrafts and Persons or Goods Conveyed Therein. Any person exercising police authority may
board, inspect, search and examine a vessel or aircraft and any container, trunk, package, box or envelope found on board, and
physically search and examine any person thereon.
6. Non-Liability for Damages. The duly authorized search of vessels or aircrafts and persons or goods conveyed therein shall not
give rise to any claim for damages caused to the goods, vessels or aircrafts, unless there is gross negligence or abuse of authority
in the exercise thereof.
7. Authority to Search Vehicles, Other Carriers, Persons and Animals.
8. Customs Control Over Goods. All goods, including means of transport, entering or leaving the Customs Territory , regardless of
whether they are liable to duties and taxes shall be subject to customs control to ensure CMTA compliance.
DEPUTIZATION ORDER
1. Deputization Order may be issued only by the Commissioner or other Customs Officers authorized in writing by the
Commissioner. Original signature and BOC official seal required.
2. Purpose: A Deputization Order authorizes specific officers or members of the NLEAs to assist Customs Officers operating
outside of the Customs Premises in the exercise of police authority.
3. Who may be deputized. Officers and members of the following NLEAs: (a) AFP; (b) BFAR; (c) NBI; (d) PCG; (e) PDEA; (f) PNP
and other law enforcement
agencies.
VALIDITY OF DEPUTIZATION ORDER
DO shall specify its validity, which shall not exceed 1 year from issuance, unless earlier revoked. When the purpose for which it
was issued has ceased to exist or when the deputized officers are recalled by the head of his agency, the deputization is deemed
revoked. Renewal shall take effect only on the date of issuance and shall not retroact to the date of expiration of the original DO.
GROUNDS FOR ISSUANCE OF DO AND CUSTOMS ORIENTATION
1. DO shall be issued when there is lack of sufficient manpower, expertise and logistical resources on the part of BOC; and when
the risk of security andsafety is high in the area of operation.
2. No officer or member of NLEA agency shall be deputized without first undergoing at least 1 day orientation seminar by BOC on
relevant CMTA provisions.
LIMITATIONS ON THE EXERISE OF POLICE AUTHORITY BY DEPUTIZED OFFICERS
1. It shall only be exercised in areas outside of customs premises;
2. In all case, it shall be covered by a Mission Order clearly indicating the specific name of deputized officers, tasks to be carried
out, and the particular area covered.
3. It shall not include the exercise of the power to visit and inspect, unless their assistance is expressly requested by BOC;
4. Before any operation is initiated, deputized officers shall see to ti that the proper coordination is done with the District
Collector having jurisdiction over the area of operation.
MISSION ORDER (MO)
a. It is issued to ensure that the operation is duly authorized and that the Customs Officers or assisting deputized officers are
properly identified.
b. Basis and conditions for issuance of MO
1. When there is need to operate outside of customs premises;
2. When there is need for coordinated effort to avoid duplication and ensure the success of anti- smuggling operation;
3. Every request for MO issuance must be accompanied by EXEPLAN (Execution Plan) emanating from the requesting
agency other than BOC, on the basis of verified intelligence report.
d. MO shall be valid for not more than 30 days from issuance date. Expiration shall be specified in the MO.
e. the accomplishment or completion of an operation automatically terminates a MO
f. Grounds for revocation:
1. When the mission becomes legally or physically impossible to achieve, as determined by the issuing authority;
2. Inaction, ineffective execution, or abuse of authority in the MO implementation, as determined by the issuing
authority;
3. When BOC takes over the operation of anti-smuggling operations from the deputized officers.
g. Customs officers or deputized officers implementing the MO shall within 24 hours from completion of mission, submit the
corresponding return and after-mission/operation report, accompanied by a detailed inventory of goods seized, to the MO
issuing authority. A Customs Examiner shall be designated as member of the Team, who shall be in charge of the inventory of
the goods.
POWER TO VISIT AND INSPECT AND LETTER OF AUTHORITY
(LOA) LOA
1. Commissioner may issue a LOA to authorize Customs Officers to inspect, visit and when necessary, demand evidence of
payment of D&T on imported goods openly offered for sale or kept in storage.
2. Only Customs Officers authorized in writing by the Commissioner may implement the LOA, without prejudice to the authority
of the Commissioner to require assistance of deputized officers.
3. The validity of LOA shall commence upon issuance and shall be deemed terminated upon completion of the mission.
4. Manner of implementation:
a. A MO must be issued authorizing the LOA;
b. LOA shall identify the Customs Officers authorized to implement the same, the stores, stalls, exhibition
places, warehouses and enclosures where the imported goods are openly offered for sale or kept in storage, to be
visited and inspected. LOA must be exhibited immediately at the start of the exercise thereof.
Pursuant to a LOA the authorized Customs Officer shall:
A. 2 witnesses who are residents of the same locality, or barangay officials or any representative from the building management;
B. Conduct inventory of the foreign goods if upon demand no evidence of payment is produced.
C. Prepare and sign the Inventory Reportreflecting the details of the inventory. Such Report shall also be signed by the person in
possession of the goods as well as the witnesses;
D. Furnish copy of the Report to the person in possession of the goods who must acknowledge receipt.
- refuse posted to conspiscious place in the building
- Failure to produce evidence of payment within 15 days , goods maybe seize and subject to forfeiture
E. In cases of restricted or regulated goods wanting in import permit, recommend issuance of WSD;
F. If prohibited goods are discovered, the same shall be confiscated under the “plain view doctrine”;
G. The owner of the goods shall execute an Undertaking that the goods will not be removed from its place without BOC
authority. In case of refusal, the premises where the goods are stored shall be padlocked or sealed and be continuously be
underguarded.
H. Pending presentation of proof payment, the goods shall be deemed to be under constructive customs custody;
I. In case of seizure, the authorized Customs Collector within 24 hours from service of WSD;
J. All expenses in transporting and warehousing the goods shall be taken from the Forfeiture Fund.
K. Reports must be submitted to the Commissioner including Inventory Report
SEARCH OF DWELLING HOUSE
1. Only Customs Officers authorized in writing by the Commissioner may apply for a judicial search warrant.
2. A search warrant may be implemented by Customs Officers and Deputized Officers who shall present their Mission Orders and
Deputization Order. Service shall only be made in the daytime, unless the affidavit asserts that the property is on the person or
in the place ordered to be searched, in which case a direction may be inserted that it is be at any time of the day or night. If for
any reason the warrant cannot be served during night time, perimeter guarding shall be conducted until such time that service
can be effected.
3. In an application for Search Warrant, BOC shall inform the court through manifestation that such is for the purpose of taking
physical possession of the goods preparatory to the institution of seizure proceedings.
4. The officers who are tasked to submit to the court the return of the service of warrant shall furnish BOC copy of the same
within 24 hours from submission of return of service to the court.
CONTROLLED DELIVERY
1. An investigative technique of allowing an unlawful or suspect consignment of any prohibited or regulated goods (restricted,
not included in CAO 3-2019), to enter into, pass through or exit out of the country under the supervision of an authorized officer,
for the purpose of gathering evidence to identify the person(s) involved in smuggling-related offenses, preparatory for the
prosecution of the offender.
2. Customs Officers and Deputized Officers with MO may participate.
3. May be allowed by the Commissioner for the following:
a. Importation of dangerous drugs, controlled precursors and essential chemicals as well as instruments, paraphernalia
and laboratory equipment used for the manufacture of dangerous drugs;
b. Importation of firearms, parts, ammunition and explosives, without the necessary permits or clearances from FEO,
PNP;
c. Importation or exportation of other goods which the Commissioner may deem necessary for Controlled
Delivery.
BOC shall enter into agreement with other government agencies to ensure proper accomplishment of the purpose of
the controlled delivery