TITLE 2: CHAPTER 3: EXERCISE OF POLICE AUTHORITY

Question 1

True or False:
The following persons are authorized to effect search, seizure and arrest:
official of the Bureau, District Collectors, Deputy District Collectors, police officers, agents, inspectors and guards of the Bureau.

Answer 1

True

Based on Section 214

Question 2

True or False:
The following persons are authorized to effect search, seizure and arrest:
Upon authorization of the Commissioner , officers and members of the Armed Forces of the Philippines (AFP) and national law enforcement agencies.

Answer 2

True

Based on Section 214

Question 3

True or False:
The following persons are authorized to effect search, seizure and arrest:
Officials of the BIR on all cases falling within the regular performance of their duties, when payment of internal revenue taxes is involved.

Answer 3

True

Based on Section 214

Question 4

Sec. 214

Answer 4

Persons Exercising Police Authority

Question 5

True or False
All officers authorized by the Commissioner to exercise police authority shall at all times coordinate with the Philippine National Police.

Answer 5

False
All officers authorized by the Commissioner to exercise police authority shall at all times coordinate with the COMMISSIONER.

Based on Section 214

Question 6

When goods are seized by deputized officers it shall be ____________ immediately to the Bureau, unless provided under existing laws, rules, and regulations.

Answer 6

Physically turn-over.

Based on Section 214:
Goods seized by deputized officers pursuant to this section shall be physically turn-over immediately to the Bureau, unless provided under existing laws, rules, and regulations.
For this purpose, mission orders shall clearly indicate the specific name carrying out the mission and the task to be carried out.

Question 7

True or False
Subject to the approval of Secretary of Finance, the Commissioner shall define the scope, areas covered, procedures and conditions governing the exercise of such police authority including custody and responsibility for the seized goods. The rules and regulations to this effect shall be furnished to the concerned government agencies and personnel for guidance and compliance.

Answer 7

True

Based on Sec. 214

Question 8

Sec. 215

Answer 8

Place Where Authority May be Exercised

Question 9

True or False
All persons exercising police authority as described in the preceding section shall only exercise powers within customs premises as provided for in section 303 of this Act and within the limits of the authority granted by the Commissioner.

Answer 9

True

Based on section 215

Question 10

Port and airport authorities in all ports of entry shall provide authorized customs officers with hampered access to all premises within their administrative jurisdiction.

Answer 10

False

Based on Sec. 215
Port and airport authorities in all ports of entry shall provide authorized customs officers with UNHAMPERED access to all premises within their administrative jurisdiction.

Question 11

Sec. 216

Answer 11

Exercise of Power of Seizure

Question 12

True or False
Any persons exercising police authority under this Act has the power and duty to seize any vessel, aircraft, cargo, goods, and animal only when the same is subject to forfeiture or when they are subject of a fine imposed under this Act.

Answer 12

False

Based on Sec. 216
Any persons exercising police authority under this Act has the power and duty to seize any vessel, aircraft, cargo, goods, ANIMAL OR ANY OTHER MOVABLE PROPERTY when the same is subject to forfeiture or when they are subject of a fine imposed under this Act.

Note:
this was lifted from sec. 2205 of the TCCP, within modifications by deleting the provisions on the powers of the Bureau of Fisheries and Aquatic Resources to make arrests, searches and seizures.

Question 13

Sec. 217.

Answer 13

Duty of Officer to Disclose Official Character

Question 14

True or False
For the proper exercise of police authority, the authorized person shall not disclose the nature of the authority upon being questioned at the time of exercise thereof and shall exhibit the corresponding written authority issued by the Commissioner.

Answer 14

False

Based on Sec. 217
For the proper exercise of police authority, the authorized person SHALL disclose the nature of the authority upon being questioned at the time of exercise thereof and shall exhibit the corresponding written authority issued by the Commissioner.

Note:
This was lifted from sec. 2206 of the TCCP, with minor modifications by simplifying the duty of officer to disclose official character by stating the nature of the authority instead of using verbose language such as “to make known of his official character as an officer or official of the Government”.

Question 15

Sec. 218

Answer 15

Authority to Require Assistance and Information

Question 16

True or False
Any person exercising police authority may demand the assistance of and request information from the Philippine National Police (PNP), the AFP and other national law enforcement agency, when necessary to effect any search, seizure or arrest. It shall be the duty of any police officer and other national law enforcers to give lawful assistance.

Answer 16

True

Based on Section 218.

Note:
This was lifted from Section 2207 of the TCCP, with minor changes by adding authority to the persons exercising police authority to request information from the Philippine National Police (PNP), AFP and other law enforcement agency in addition to the provision that they can demand assistance in order to effect any search, seizure or arrest, if necessary.

Question 17

Sec. 219

Answer 17

Authority to Enter Properties

Question 18

Any person exercising police authority may at any time enter, pass through, and search any land, enclosure, warehouse, store, building or structure not principally used as a _____________.

Answer 18

Any person exercising police authority may at any time enter, pass through, and search any land, enclosure, warehouse, store, building or structure not principally used as a DWELLING HOUSE.

Based on Sec. 219

Note:
Copied from Sec. 2208 of the TCCP with changes by simplifying what is considered as “Dwelling house” instead of using verbose language.

Question 19

True or False
When a security personnel or any other employee lives in the warehouse, store, or any building, structure or enclosure that is used for storage of goods, it shall be considered as a dwelling house for the purpose of this Act.

Answer 19

False

Based on Sec. 219
When a security personnel or any other employee lives in the warehouse, store, or any building, structure or enclosure that is used for storage of goods, it SHALL NOT be considered as a dwelling house for the purpose of this Act.

Question 20

Sec. 220

Answer 20

Authority to Search Dwelling House

Question 21

True or False
A dwelling house may be entered and searched only upon warrant issued by a Judge of a competent court, the sworn application thereon showing probable cause and particularly describing the place to be searched and the goods to be seized.

Answer 21

True

Based on Sec. 220

Note:
It was lifted from Sec. 2209 of the TCCP, with modifications, mandating that only a warrant issued by a Judge of a competent court should be used by the Bureau in entering a dwelling house for purpose of searching and seizure goods.

Question 22

Sec. 221

Answer 22

Authority to Search Vessels or Aircrafts and Persons or Goods Conveyed Therein.

Question 23

True or False
Any person exercising police authority under this Act may board, inspect, search and examine a vessel or aircraft and any container , trunk, package, box or envelope found on board, and physically searched and examine any person thereon. In case of any probable violation of this Act, the person exercising police authority may seize goods, vessel, aircraft, or any part thereof.

Answer 23

True

Based on Sec. 221

Question 24

True or False
According to Sec. 220, Such power to search includes removal of any false bottom, partition, bulkhead, or any other obstruction for the purpose of uncovering any concealed dutiable or forfeitable goods.

Answer 24

False
The statement is according to Sec. 221. Authority To Search Vessels or Aircrafts and Persons or Goods Conveyed Therein. Second paragraph of the section.

Question 25

Sec. 222

Answer 25

Authority to Searched Vehicles, Other Carriers, Persons and Animals

Question 26

True or False Even upon reasonable cause, any person exercising police authority should not open and examine any box, trunk, envelope, or other container for purposes of determining the presence of dutiable or prohibited goods.

Answer 26

False Based on Sec. 222. Upon reasonable cause, any person exercising police authority may open and examine any box, trunk, envelope, or other container for purposes of determining the presence of dutiable or prohibited goods.

Question 27

True or False The authority to open and examine according to sec. 222 includes the search of receptacle used for the transport of human remains and dead animals. Such authority likewise includes the power to stop, search and examine any vehicle or carrier, person or animals suspected of holding or conveying dutiable or prohibited goods.

Answer 27

True Based on Section 222. (second Statement)

Question 28

Sec. 223

Answer 28

Authority to Search Person Arriving From Foreign Countries.

Question 29

True or False Upon reasonable cause, travelers arriving from foreign countries may be subjected to search and detention by the customs officers. The dignity of the person under search and detention shall be respected at all times. Female inspectors may be employed for the examination and search of persons of their own sex.

Answer 29

True Based on sec. 223 Note: It was lifted from sec. 2212 of TCCP, with modifications on the part of travelers arriving from foreign countries that they may subjected to search and detention by the customs officers only for a "reasonable cause". A provision is added in order to respect, at all times, the dignity of the person under search and detention. Moreover, the new provision is now gender sensitive, by mandating that female inspector may be employed for the examination and search of female traveler.

Question 30

Sec. 224

Answer 30

Power to Inspect and Visit

Question 31

Bonus!!!! READINGS!!!!!!!!!!!

Answer 31

According to Sec. 224. Power to Inspect and Visit. The Commissioner or any customs officer who is authorized in writing by the Commissioner , may demand evidence of payment of duties and taxes on imported goods openly for sale or kept in storage. In the event that the interested party fails to produce such evidence within 15 days, the goods may be seized and subjected to forfeiture proceedings: Provided, That during the proceedings the interested party shall be given the opportunity to prove or show the source of the goods and the payment of duties and taxes thereon: Provided, further, that when the warrant of seizure has been issued but subsequent documents presented evidencing proper payment are found to be authentic and in order, the District Collector shall, within 15 days from the receipt of the motion to quash or recall the warrant, shall cause the immediate release of the goods seized, subject to clearance by the Commissioner: Provided, finally, that the release thereof shall not be contrary to law.