Aquino cautions Duterte on using soldiers in Customs

MANILA, Philippines — Former president Benigno Aquino III and several lawmakers cautioned President Duterte yesterday against using soldiers to fight corruption in the Bureau of Customs (BOC), saying it is against the Constitution and might only compromise the military’s integrity.

Sen. Panfilo Lacson suggested the establishment of a good counter-intelligence system to cleanse the BOC as he noted that even the young and idealistic AFP officers tapped to cleanse the agency as early as the 1960s did not work because of “women” who were sent by smugglers to influence them.

Aquino and Albay Rep. Edcel Lagman said Article 16, Section 4 of the 1987 Constitution states: “No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the government including government-owned or controlled corporations or any of their subsidiaries.”

“There is no need to interpret the law… it has long been clear,” Aquino told reporters yesterday.

“Naaawa ako sa mga taong matatalaga doon na merong obligasyon, na hindi maliwanag kung meron ba siyang kapangyarihan (I pity the people who will be assigned there and assume an obligation without clear authority),” Aquino said.

Last weekend, the President ordered a “military takeover” of Customs to fight corruption in the agency.

Presidential spokesman and legal adviser Salvador Panelo and Justice Secretary Menardo Guevarra have since clarified Duterte’s directive.

Panelo said soldiers would not be given posts in the BOC but would only be used to “intimidate” corrupt officials and personnel.

On the other hand, Guevarra said there was nothing wrong with military officers taking up assignments in the agency since it is still under the secretary of finance, who is a civilian.

Aquino said he could understand Duterte’s “frustration” over the rampant corruption in the BOC but also noted how difficult it was for Panelo to insist that the deployment of soldiers to BOC will not violate the law.

The former president was interviewed when he joined his sisters Ballsy, Pinky and Viel and other relatives at the tombs of their parents, the late senator Benigno “Ninoy” Aquino Jr. and the late president Corazon “Cory” Aquino, at the Manila Memorial Park in Parañaque City yesterday morning ahead of the observance of All Saints’ Day today and All Souls’ Day tomorrow.

Wreaths from Duterte and Manila Mayor and former president Joseph Estrada were seen beside the tombs of Ninoy and Cory that were adorned with yellow flowers.

No lawless violence

Lagman also said the President’s power under Article 7, Section 18 of the Constitution to “call out the armed forces is for the sole purpose of having the military ‘prevent or suppress lawless violence, invasion or rebellion’ which endangers public security or safety.”

“This power cannot be exercised to solve corruption in a government agency like the Bureau of Customs where public safety or security is not at stake,” Lagman said.

Lagman disagreed with Panelo that “lawless violence” includes corruption.            

“Serious and endemic corruption does not amount to ‘lawless violence’ but to odious criminality, the suppression of which is not the function of the military. The eradication of corruption is a civilian function and cannot be assigned to the military,” the opposition lawmaker said.

And since officers and personnel of the BOC have been ordered by the President to be on floating status, Lagman said members of the military “will unconstitutionally take over their civilian functions.”

“No amount of deodorizing by Malacañang apologists will cure the fatal constitutional infirmity of the elements of the armed forces taking over positions in the BOC,” he said. – With Paolo Romero, Janvic Mateo