Requiring the Commissioner of Customs, District Collectors and Others to Transmit to RIPS Documents on Smuggling and Forfeiture Cases

April 28, 2011 DOF DEPARTMENT ORDER NO. 027-11 REQUIRING THE COMMISSIONER OF CUSTOMS, DISTRICT COLLECTORS, AND ALL OTHER AUTHORIZED OFFICERS TO TRANSMIT TO THE REVENUE INTEGRITY PROTECTION SERVICE ALL DOCUMENTS RELEVANT TO SMUGGLING AND FORFEITURE CASES WHEREAS, the Revenue Integrity Protection Service (DOF-RIPS) was created pursuant to Executive Order (EO) No. 259, series of 2003, for the purpose of, among others, investigating and preventing corruption in the attached bureaus and agencies of the Department of Finance; CScaDH WHEREAS, in pursuit of its avowed mandate, DOF-RIPS has engaged in an unrelenting, systematic, and focused campaign to prevent graft and corruption in the various bureaus and agencies of the government by conducting lifestyle checks and investigating allegations of graft and corrupt practices, culminating, when warranted, in the filing of appropriate criminal and administrative charges before the Office of the Ombudsman; WHEREAS, in line with the said campaign, it is imperative to maximize the available raw information which can be used as basis to further investigating graft and corruption activities; SECTION 1. Mandatory Transmittal. The Commissioner of Customs, District Collector and any officer authorized to file a case against an importer/imported goods is hereby mandated to transmit all documents relevant to smuggling and forfeiture cases filed by or pending before the Bureau of Customs to the DOF-RIPS for the purpose of determining any participation, culpability and/or liability of customs officials and/or personnel involved in the said importation. SECTION 2. Documentary Requirements. The documents to be forwarded to the DOF-RIPS shall be certified as true copies by the responsible officer of the Bureau of Customs and shall include the following: a. import entry b. bill of lading/airway bill c. packing list d. commercial or other invoices e. Bureau of Customs Official Receipts f. permits/clearances/exemptions/release certificates and other similar documents from government agencies, if applicable g. bonds, if applicable h. if a case is filed against the importer/imported goods, whether administrative or criminal, the docket of the case AIHDcC i. all other documents relevant to the importation SECTION 3. Identity and Names of Customs Personnel; Submission of PDS and SALN. In addition to the afore-mentioned documents, the Commissioner, District Collector or any authorized officer as mentioned above shall also submit the names of the customs officials/personnel appearing to have participated in the processing of the said importation. In addition to the list of the names, the Statement of Assets, Liabilities and Net Worth (SALN) and Personal Data Sheet (PDS) of said customs official/personnel starting from the year they were employed by the Bureau shall also be forwarded to the Office of the Secretary. SECTION 4. Compliance Period; Other Matters. The documents mentioned in Sections 2 and 3 shall be submitted within fifteen (15) days from date of filing of the case. In case of forfeiture or other administrative cases, the documents shall be submitted within fifteen (15) days from the termination of the proceedings. Forfeiture cases for automatic review of the Secretary pursuant to Section 2313 of the Tariff and Customs Code of the Philippines (TCCP), as amended shall be excluded from the coverage of this Order. The Commissioner, all District Collectors and all authorized officers to file a case are also required to submit a quarterly report/inventory of all smuggling and forfeiture cases pending in and/or filed by their office. SECTION 5. Separability Clause. If for any reason, any section or provision of this Department Order be declared invalid, such parts which are not affected shall remain in full force and effect. SECTION 6. Repealing Clause. All orders, circulars, memoranda, and other issuances, or parts thereof, which are inconsistent with this Department Order, are hereby repealed or modified accordingly. SECTION 7. Effectivity. This Department Order shall take effect immediately. CTSDAI (SGD.) CESAR V. PURISIMA Secretary