‘BOC-PACC accord violates due process’

EMPLOYEES of the Bureau of Customs (BOC) expressed support for the signing last March 30, 2021, of a manifesto versus corruption by their officials and the Presidential Anti-Corruption Commission (PACC) but claimed one of its provisions violated the due process clause guaranteed by the Philippine Constitution.

In a message to Pinoy Exposé, BOC Employees Association (BOCEA) national president, Rommel Francisco, said they find disturbing a provision in the manifesto demanding for the “voluntary resignation” of any customs employee who would be accused of not complying with the terms of the agreement.

Among others, the manifesto, signed on behalf of the agency by Comm. Rey Leonardo Guerrero and PACC chair, Greco Belgica, commit them “jointly, voluntarily and whole-heartedly without mental reservation and purpose of evasion,” to the following:

1. Free ourselves from corrupt activities; 2. Combat corruption in our own districts and offices;
2. Cooperate in our government in combating corruption; 4. Remain loyal to our oath of office; and, 5. Inform the government through PACC of all corrupt activities that come to our knowledge.

“All of these are laudable and the intent is really good,” Francisco said.

“However, in the last part of such manifesto where it is stated that failure to fulfill our part in the manifesto should mean ‘voluntary resignation from our office’ is highly questionable because there are specific laws which provide for specific penalties for specific offenses,” he explained.

Francisco also recalled that previously, there have been “actual cases” where employees have been “wrongfully accused” of wrongdoing where they were subjected to incrimination, public persecution and ridicule “but in the end were proven innocent by the courts of law.”

BOCEA is a public-sector union member of the militant, ‘Confederation for the Unity, Recognition and Advancement of Government Employees’ (COURAGE). It is also the recognized bargaining union for the welfare and benefits of the agency’s more than 3,000 rank and file employees’ by the Civil Service Commission.

During the Ramos administration, it was in the forefront of exposing the rottenness and bogus implementation of the country’s pre-shipment inspection’ (PSI) program that failed to curb smuggling or increase the bureau’s tax collection.

“BOCEA is always one with the Commissioner in fighting corruption and the men and women of the bureau have dedicated themselves in performing their mandate of collecting lawful revenues for the government without asking any additional remuneration in return,” Francisco said.

“The employees only wanted to be treated fairly and with respect,” he added.

Francisco also reminded customs officials that forcing them to voluntarily resign is a clear violation of every individual’s right to due process as provided for by the 1987 Philippine Constitution “wherein, incidentally, all laws emanate as the highest law of the land.”

“Is there (also) no actual case of fabricated evidences and charges (against employees) and in the end the one charged was proven innocent,” he asked.

“If one such person or employee is considered ‘voluntarily resigned,’ it is already prejudicial to the accused who was never given ‘his day in court,’” the union official also pointed out.

Francisco said while the employees are agreeable with the terms of the manifesto, they “reserve” their right to due process.

“Our government is a government of laws and not of men,” Francisco ended.