Chapter 3 Exercise of Police Authority

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CAO 3-2019: Customs Jurisdiction and Exercise of

Police Authority

Prof. Jhey May-As, LCB, MBA


Objectives
• To clarify the extent and limits of the exercise of customs jurisdiction
and police authority, including border protection and the prevention
and suppression and other customs fraud;
• To implement a clear and effective system in the exercise of customs
jurisdiction control from the moments the imported goods enter
customs jurisdiction and after release from customs custody, including
the exportation of goods
• To provide conditions for the exercise of police authority by Customs
Officers or deputized officers in the apprehension of smuggled or
prohibited goods, including those in the freeport zones.
EXERCISE OF POLICE AUTHORITY

• SEC. 214. Persons Exercising Police Authority. – For the effective


implementation of this Act, the following persons are authorized to
effect search, seizure, and arrest:
(a) Officials of the Bureau, District Collectors, Deputy District Collectors,
police officers, agents, inspectors and guards of the Bureau;

(b) Upon authorization of the Commissioner, officers and members of the


Armed Forces of the Philippines (AFP) and national law enforcement
agencies; and

(c) Officials of the BIR on all cases falling within the regular performance
of their duties, when payment of internal revenue taxes is involved.
EXERCISE OF POLICE AUTHORITY
All officers authorized by the Commissioner to exercise police authority shall at all times
coordinate with the Commissioner.

Goods seized by deputized officers pursuant to this section shall be physically turned-over
immediately to the Bureau, unless provided under existing laws, rules and regulations.

For this purpose, mission orders shall clearly indicate the specific name carrying out the mission
and the tasks to be carried out.

Subject to the approval of the Secretary of Finance, the Commissioner shah1 define the scope,
areas covered, procedures and conditions governing the exercise of such police authority including
custody and responsibility for the seized goods.  The rules and regulations to this effect shall be
furnished to the concerned government agencies and personnel for guidance and compliance.

All seizures pursuant to this section must be effected in accordance with the provisions on the
conduct of seizure proceedings provided for in Chapters 3 and 4 of Title XI of this Act.
QUESTIONS?

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