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Manila court suspends anti-smuggling group on trader’s complaint

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By Rommel C. Lontayao Reporter

A Manila court on Thursday suspended the operations of the Presidential Anti-Smuggling Group (PASG) after a foreigner questioned the validity of the law that created the PASG.
Branch 26 of the Regional Trial Court of Manila Judge Silvino Pampilo Jr. issued a 20-day temporary restraining order against the implementation of Executive Order 624 on the claim of British Siu Ting Alpha Kwok that it is unconstitutional.

Kwok said the anti-smuggling group, tasked to apprehend, seize, investigate, and prosecute acts involving smuggling, unlawful importation and other similar violations, performs the same functions as that of the Bureau of Customs. Therefore, she contends there is no more need for the existence of the agency.

The petitioner, who was required by the court to post a P2-million bond, said she was a victim of an alleged illegal operation of the PASG, where some P500-million worth of jewelry were seized in a raid of her condominium in August.

Kwok filed the petition for declaratory relief with application for preliminary injunction and temporary restraining order against Executive Secretary Eduardo Ermita and PASG chief, Undersecretary Antonio Villar Jr., claiming further that after the seizure, no actual charges were filed against her.

Pampilo, in his three-page order, said the petitioner has satisfied the legal requirement . . . and will suffer great and irreparable injury unless a temporary restraining order is issued.”

On the same day, Villar said in a radio interview he expected the TRO to prevail in the end.
He countered the PASG operation pertaining to the case was legitimate and lawful at the same time that he dismissed Kwok’s petition as a “harassment suit” and part of a politically motivated demolition campaign against the agency.

He said the raid in Kwok’s condominium was conducted together with operatives from the Bureau of Immigration (BOI) and Bureau of Customs (BoC).

Villar further said he has assured President Gloria Arroyo that the PASG agents in the wrong have been apprehended for smuggling or questioned for protecting smugglers.
He also belittled published reports that PASG agents have been extorting money from Korean traders.

The court set the hearing on the preliminary injunction on December 3, 2009.

With Report From Ruben Manahan 4th

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