100 OG. No. 26, 4019 (June 28, 2004)
a. Acts contrary to R.A. No. 1937, as amended, shall be deemed to be committed on a large scale when these acts involve the importation of goods or contraband with a determinable value of at least Five Million Pesos (P5,000,000.00); and b. Acts contrary to R.A. No. 1937, as amended, shall be deemed to be committed by a syndicate when carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out these unlawful acts.SECTION 2. Oversight Committee. – There is hereby created an Oversight Committee to ensure the execution by active participation of the involved law enforcement and counteraction agencies of the anti-smuggling action programs. The Oversight Committee shall be composed of the following:
Anti-Smuggling Presidential Adviser Chairman Secretary of Finance Vice-Chairman Secretary of the Interior and Local Government Member Secretary of National Defense Member Secretary of Justice Member Secretary of Agriculture Member Secretary of Trade and Industry Member Secretary of Transportation and Communications MemberSECTION 3. Functions. – In pursuance of the government’s firm resolve in applying the full force of the law against smugglers, the Adviser is mandated to discharge the following functions:
a. Formulate strategies and plans for a coordinated and integrated implementation of measures aimed at preventing, preempting and suppressing smuggling and other acts contrary to R.A. No. 1937; b. Direct the conduct of anti-smuggling intelligence operations, utilizing all available government instrumentalities, to detect smuggling or other acts contrary R.A. No. 1937 and to arrest smugglers, including their coddlers and accessories; c. Establish a mechanism for an interactive and coordinative mode of operations to ensure operational effectiveness with utmost economy and efficiency; d. Exercise operational supervision and control over all existing anti-smuggling agencies and task forces, jointly with the Secretaries of the Departments to which the agencies and task forces organically belong. For this purpose, "operational supervision and control" shall refer to the power to direct, superintend, and oversee the day-to-day activities to preempt, prevent and suppress smuggling, arrest smugglers and their accessories and cause their speedy prosecution; e. Hire personnel and select personnel from participating law enforcement agencies for assignment to task forces and special project groups; f. Cause or direct the immediate investigation and speedy prosecution of cases involving smuggling and monitor the progress of such cases; g. Grant monetary rewards and incentives to informants who are willing to give vital and material information for building up cases for the prosecution of smuggling suspects; h. Exercise the powers of search and seizure under R.A. No. 1937, as amended, for the enforcement of tariff and customs laws pursuant to the special written authorization issued by the Commissioner of Customs; i. Assist in the administrative seizure proceedings involving the articles seized; j. Recommend the issuance of appropriate policies and/or the legislation of laws that would hasten the arrest and prosecution of smugglers and their accessories; k. Recommend the admission of vital witnesses into the Witness Protection and Security Benefit Program administered by the Department of Justice (DOJ); l. Recommend to the DOJ, in proper cases, the issuance of subpoena ad testificandum and subpoena duces tecum; m. Perform such other actions as may be necessary for the effective discharge of his mandate in accordance with law; and n. Exercise such other functions and powers as may be directed by the President.SECTION 4. Staff support. – The Adviser shall receive staff support from the Presidential Anti-Organized Crime Commission. The Support Staff shall be headed by a Director and be composed of such other personnel who shall be appointed by the Anti-Smuggling Presidential Adviser.
a. Executive Committee (EXECOM) – shall be responsible for overseeing the day-to-day operations of the Office of the Anti-Smuggling Presidential Adviser. It shall establish an Operations Center (OC) as its facility for coordination and direction of integrated response. The EXECOM shall be composed of the following officials or their permanent representative:SECTION 6. Inter-Agency Assistance and Coordination. – In addition to the above-stated government agencies, all other government agencies are hereby directed to actively cooperate with and promptly contribute to the anti-smuggling campaign to be implemented by the Adviser. For this purpose, the Adviser may all upon the head of such government agencies for such assistance as may, from time to time, be necessary.b. Line units such as, but not limited to, inter-agency task forces, working groups and special project groups to which may be detailed select personnel from the DILG, DOJ, DND, DOTC, NTC, PNP, AFP, NBI, DOF, DA, NPS and other agencies of the government. Whenever necessitated by special circumstances, and for the duration thereof, the Adviser may designate such government agencies or instrumentalities to provide intelligence, investigation, technical, prosecution and such other support as specified by the Adviser.Anti-Smuggling Presidential Adviser Chairman Commissioner, Bureau of Customs Vice-Chairman Chief of Staff, Armed Forces of the Philippines (AFP) Member Chief, Philippine National Police (PNP) Member Director, National Bureau of Investigation (NBI) Member Chief State Prosecutor, National Prosecution Service (NPS) Member Commandant, Philippine Coast Guard Member General Manager, Philippine Ports Authority Member Director General, National Intelligence Coordinating Agency Member Chief, Anti-Smuggling Intelligence and Investigation Center Member