A local court ruled that the executive order (EO) creating the Presidential Anti-Smuggling Group (PASG) is “illegal, invalid, and unconstitutional and in violation of the doctrine of separation of powers, checks and balances…”
It is also a duplication of the powers and duties performed by the Bureau of Customs (BOC), particularly against smuggling, and should be dismantled.
“The executive order created another instrumentality which is not allowed because it is tantamount to usurpation of legislative power and violation of the doctrine of separation of powers between the executive branch and the legislative branch of the government,” Judge Silvino Pampilo, Jr, Branch 26 of the Manila Regional Trial Court, said in his ruling.
The ruling added Malacañang committed a mistake when it created PASG, since this was the duty of Congress.
The issue stemmed from a case filed by British national Sui Ting Alpha Kwok who was apprehended for trying to sneak into the country about P250 million worth of jewelry and loose precious stones.
In her petition, Kwok asked the court to abolish PASG, claiming the raid on her condominium unit in Pasig City on August 18, 2009 was illegal and excessive.
Kwok also filed charges of graft, arbitrary detention, violation of domicile, maliciously obtaining search warrants, perjury and unlawful arrest against some PASG members.
Earlier, a group of port users asked Malacañang to abolish PASG to put an end to arbitrary apprehensions and flag downs on truckers.
The Alliance of Customs Brokers, Truckers, Importers and Organizations Nationwide threatened to launch a port holiday to put a stop to the practice.
