PNS — In her petition, Kwok claimed that EO 624 became “a source of excessive abuses and official lawlessness and that the creation of PASG grossly violates the constitutional doctrine of separation of powers.”
She said the operations of PASG caused confusion to the public and weakened investor confidence due to the usurpation and duplication of the functions of the BoC.
Pampilo, in resolving the constitutionality of EO 624, agreed that the ordinance-making power of the President to issue executive orders is limited to the implementation of statutory power and that the creation of PASG is not a product of simply reshaping or reorganizing the bureaucracy.
“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 legislative branch of the government,” Pampilo said.
A MANILA court yesterday ordered the abolition of the Presidential Anti-Smuggling Group after declaring as unconstitutional an executive order creating the PASG.
In a nine-page decision, Judge Silvino Pampilo, Jr. granted the petition of British Siu Ting Alpha Kwok, also known as Alpha Kwok, who sought to declare Executive Order No. 624 as invalid.
The court said the EO creating the PASG violates the separation of powers because it contradicts the provision of the Tariff and Customs Code and duplicates the functions of the Bureau of Customs.
The court earlier suspended the operations of PASG after Kwok questioned the validity of the EO that created PASG on Oct. 30, 2009.
PASG agents raided Kwok’s condominium unit in Pasig City last August and seized about half a billion pesos worth of diamonds, assorted jewelry and wrist watches believed to have been smuggled into the country from Hong Kong.
In her petition, Kwok claimed that EO 624 became “a source of excessive abuses and official lawlessness and that the creation of PASG grossly violates the constitutional doctrine of separation of powers.”
She said the operations of PASG caused confusion to the public and weakened investor confidence due to the usurpation and duplication of the functions of the BoC.
Pampilo, in resolving the constitutionality of EO 624, agreed that the ordinance-making power of the President to issue executive orders is limited to the implementation of statutory power and that the creation of PASG is not a product of simply reshaping or reorganizing the bureaucracy.
“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 legislative branch of the government,” Pampilo said.