DOJ Opinion No. 058, s. 1992

DOJ OPINION NO. 058 , s. 1992 May 13, 1992 Commissioner Jose T. Almonte Economic Intelligence & Investigation Bureau Camp Aguinaldo, Quezon City Sir : This has reference to your request for legal advice as to who may be entitled to the reward provided under Section 3513 of the Tariff and Customs Code which reads: "SEC. 3513. Reward of Persons Instrumental in the Discovery and Seizure of Smuggled Goods . The provisions of general and special laws to the contrary notwithstanding, a cash reward equivalent of twenty (20%) per centum of the fair market value of the smuggled and confiscated goods shall be given to the officers and men and informers who are instrumental in the discovery and seizure of such goods in accordance with the rules and regulations to be issued by the Secretary of Finance. . ." You state that the Secretary of Finance has issued guidelines under Department Order No. 92-66, as amended, in the grant of cash rewards pursuant to the aforecited provision. The said Department Order defines the term "law enforcement personnel" entitled to the reward as "not only . . . officers and men possessing policy authority to make arrests, searches and seizures of persons, things and conveyances connected with smuggling, directly by express provisions of existing laws or indirectly by proper deputation, but also officers and men of other government agencies expressly charged by appropriate law or Executive Order with anti-smuggling functions and duties as well as those who, in the performance of this governmental duties, may as incident thereto, have knowledge of persons engaged in smuggling and be instrumental in the discovery and seizure of this goods and/or conveyance". Nonetheless, you are in quandary as to whether officials such as the government prosecutors, security personnel, among others, are also entitled to the reward. The opinion requested herein requires an interpretation of Department Order No. 92-66 of the Secretary of Finance who issued the same pursuant to the aforecited Section 3513 of the Tariff and Customs Code. The task of interpreting the same appropriately pertains to said officer, not the Secretary of Justice. By established policy, this Department does not take cognizance of matters which fall within the primary jurisdiction of another office, unless requested by such office (Sec. of Justice Opn. No. 1, 20, 23 and 25, s. 1992). This Department, therefore, regrets that it has to decline the requested opinion for the foregoing reason. Very truly yours, (SGD.) EDUARDO G. MONTENEGRO Acting Secretary