The Bureau of Customs (BOC) has recommended administrative and possible criminal cases against personnel involved in the Aug. 19 cigarette condemnation clash in Bulacan, citing unauthorized actions, lapses in coordination and confusion over jurisdiction.
The BOC investigation found that the confrontation between Customs personnel and members of the Philippine National Police-Highway Patrol Group (PNP-HPG) stemmed largely from the failure of the two agencies to coordinate during an operation involving cigarettes already under Customs custody.
The incident occurred at Legaxy 88 Recyclable Materials Collection Services in Sta. Maria, Bulacan, where Customs personnel were supervising the destruction of seized cigarettes under a valid Order of Condemnation and Mission Order.
The condemnation began at about 11:10 a.m., but tensions escalated later that evening when armed men in civilian clothes entered the warehouse.
Customs Special Agent Hanasal Dimal alleged that one of the men tried to take his cellphone while he was documenting the incident. He also claimed the man reached for the bag containing his firearm even after he identified himself as a Customs Police officer.
The men were later identified as PNP-HPG personnel pursuing a vehicle suspected of transporting cigarettes. But the BOC probe found that the HPG team failed to coordinate with Customs before entering an area where the Bureau was exercising jurisdiction over seized goods.
Under the Customs Modernization and Tariff Act, the BOC has primary and exclusive jurisdiction over customs-related violations and goods under its custody.
The investigation also flagged Customs Intelligence Division Special Agents Lucky Joy Solmayor and Alexander Arroyo Jr. over their alleged conduct at the warehouse.
According to the report, records showed no valid Mission Order authorizing Arroyo to be at the site. It also cited allegations that Arroyo and Solmayor questioned the condemnation and suggested that the operation could be stopped or altered.
The probe further cited an allegation that Arroyo cocked and dry-fired a handgun in the presence of Customs personnel, allegedly causing them to fear for their safety.
The BOC said these acts, if substantiated, could expose the personnel to administrative and criminal liability.
Despite the confrontation, the investigation concluded that the incident appeared to have been driven more by poor coordination and a misunderstanding of jurisdiction than by outright hostility between the two agencies.
It noted that Customs personnel were in uniform and operating under valid orders, while the HPG personnel allegedly failed to establish the authority of the Customs officers before proceeding with their operation.
The probe also noted the relief of 13 HPG personnel involved in the incident as a step toward ensuring an impartial investigation.
The BOC recommended that its Legal Service evaluate the findings and pursue appropriate administrative and/or criminal complaints against personnel found liable.
It also called for a formal coordination meeting with the PNP-HPG to establish a joint operational protocol and prevent similar confrontations.
The Bureau further recommended educating other law enforcement agencies on Customs jurisdiction and police authority, stressing that proper coordination is essential to prevent dangerous misencounters and protect personnel during joint operations.
