DOJ Opinion No. 257, s. 1982

DOJ OPINION NO. 257 , s. 1982 November 17, 1982 Mr. E. S. Baclig, Jr. General Manager Philippine Ports Authority 5th Floor, B.F. Condominium Aduana St., Intramuros, Manila Sir : This is in reply to your letter dated 2 September 1982 requesting for opinion as to the extent of police authority that may be exercised by the Philippine Ports Authority (PPA) within the ports or port area that are presently being administered by it. cdlex You state in your letter that "despite the clear provisions of law regarding PPA's police authority there are still certain issues regarding the extent and limits thereof" about which you wish to be clarified. "1. In the exercise of police authority by elements of the PPA Port Police pursuant to Section 6, Article IV of Presidential Decree No. 857, as amended, can they arrest, investigate and obtain suspected criminals for the commission of an offense within the port jurisdiction? "2. Who among the officials personnel of PPA shall be considered as Persons in Authority and/or Agents of Persons in Authority as contemplated under Article 152 of the Revised Penal Code?" I Subject to the limitations mentioned in the extended discussion hereinafter set forth, we answer the first query in the affirmative. It is stated that prior to the creation of the PPA, all security and peace and order functions in the ports were exercised by the Bureau of Customs through the National Customs Police, and by virtue of Section 39 of P.D. No. 857 issued on December 23, 1973, this function was transferred to PPA. It is stated further that the PPA has since established a Security and Intelligence Staff and a PPA Port Police Division to discharge said function. LexLib The Revised Charter of the PPA (P.D. No. 857, as amended) provides, insofar as pertinent: "Section 6. Police Authority . The Authority shall have such police authority within the ports administered by it as may be necessary to carry out its powers and functions and attain its purposes and objectives, without prejudice to the exercise of the functions of the Bureau of Customs and other law enforcement bodies within the area. Such police authority shall include the following. A) To provide security to cargoes, port equipment, structure, facilities, personnel and documents: Provided, however, that in ports of entry, physical security to import and export cargoes shall be exercised jointly with this Bureau of Customs: B) To regulate the entry to, it from, and newest within the port, of persons and vehicles, as well as the movement within the port watercraft; C) To maintain peace and order inside the port, in coordination with local police authorities; D) To supervise private security agencies operating within the port area; and E) To enforce rules and regulations promulgated by the Authority pursuant to law. (Par. [c] above and all the subparagraphs thereunder an supplemented by Exec. Order No. 513)" "Section 39. Bureau of Customs . The Tariff and Customs Code is hereby modified or amended to the extent that all the powers, duties and jurisdictions of the Bureau of Customs concerning the following matters shall be transferred to and be vested in the Authority: xxx xxx xxx B) The general supervision, control and regulation of all matters and affairs that pertain to the operation of and the issuance of permits or licenses to construct ports, port facilities, warehouses and other facilities within port districts; C) All such other powers, duties and jurisdictions vested in the Bureau of Customs, pertaining to every matter concerning port facilities, port operations or port works." LexLib At the time P.D. No. 857 was promulgated, the Tariff and Customs Code (R.A. No. 1937, as amended), provided in Section 2203 thereof with respect to "persons having police authority" for the enforcement of customs and tariff laws, that said person are authorized to effect searches, seizures and arrests conformably with the provisions of said laws. Inasmuch as P.D. No. 857 vested in the PPA "police authority" within the ports administered by it as may be necessary to carry out its powers and functions and attain its purposes and objectives (Sec. 6), and considering that all security and peace and order functions in the ports, formerly exercised by the Bureau of Customs, were transferred to the PPA, it is believed that the police authority vested in the PPA includes the authority to affect arrests and searches within the ports administered by it as may be necessary to carry out its powers and functions and attain its purposes and objectives. As thus implicitly limited such police authority is not to be exercised to arrest a suspected criminal for the commission of any offenses. Also, as expressly provided in Sec. 6 above-cited, the police authority of the PPA is not exclusive, as it is without prejudice to the exercise of the functions of the Bureau of Customs and other law enforcement bodies within the areas. Needless to add, the exercise of police authority by PPA police is governed by the same law "as other officers exercising police authority in general" (Vide, Section 2203, above-cited), e.g. the limit on the period of detention (Vda; Sec. 125, Revised Penal Code), authority to conduct preliminary examination or investigation (Vide; Rule 112, Rules of Court). The foregoing conclusion brings to the fore the possibility of a conflict between the PPA Port Police and other offices authorized to exercise police authority within the port areas administered by the PPA. In this connection, it is observed that Section 2203 of the Tariff and Customs code as now embodied in the last mandatory decree (P.D. No. 1464) reiterates the police authority of certain officers for the enforcement of the tariff and customs laws. In anticipation of the possibility of conflicts between the different officers authorized to exercise police authority, the last paragraph of Section 2203 provides as follows: "In order to avoid conflict, and insure coordination among these persons having authority to effect searches, seizures sand arrests for the effective enforcement of, and conformably with tariff and customs laws, the Minister of Finance, shall, subject to the approval of the President of the Philippines, define the scope, areas covered, procedures and conditions governing the exercise of such police authority including custody and responsibility of the goods seized. The rules and regulations to this effect shall be furnished to all the government agencies and personnel concerned for their guidance and compliance, and shall be published in a newspaper of general circulation." Accordingly, we believe that you would be well advised to await the rules and regulations to be issued by the Ministry of Finance with the approval of the President, pursuant to the above-quoted section, before PPA police officers exercise authority pursuant to Section 6 of the PPA Charter. For this purposes, a copy of the opinion is being furnished to the Ministry of Finance for his information and appropriate action. LexLib II With respect to the second query, Section 152 of the Revised Penal Code defines a person in authority as "any person directly vested with jurisdiction, whether as an individual or as a member of sons court or government corporation, board or commission." It is believed that the chairman, vice-chairman and members of the Board of Directors of the PPA, which exercises the corporate powers of the PPA should be deemed persons in authority. Members of the PPA Police Force, which is charged with the duty to maintain peace and order inside the ports, and to provide security to cargoes, port equipment, structure, facilities, personnel and documents (Sec. 6, P.D. No. 857) should be regarded as "agents of a person in authority" which, as defined in Article 152 of the Revised Penal Code, would refer to "any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property." LLjur Please be guided accordingly. Very truly yours, (SGD.) RICARDO C. PUNO Minister of Justice