MANILA, Philippines – Bureau of Customs commissioner Nicanor Faeldon defended his decision to tap athletes – a mix of current and retired amateur and professional basketball and volleyball players – to represent the bureau in several sporting tournaments.

In a statement, Faeldon said the players “are not BOC employees because they were hired under contract of services.”

“Thus, their services shall not be considered as part of government service under the Bureau,” Faeldon said. The contract said there is no “employer-employee relationship between them,” the embattled Commissioner said on Friday, August 4 – days after legislators at the House of Representatives questioned why the bureau apparently hired athletes.

At a House ways and means hearing evening of August 2, Batangas Representative Raneo Abu showed a Customs Special Order which delegated Faeldon’s chief-of-staff lawyer Mandy Therese Anderson as the authorized signatory for the daily time record of the athletes.

While stopping short of saying this was wrong, lawmakers questioned the bureau’s priorities. The BOC and Faeldon have been the focus in consecutive legislative hearings on how billions of pesos worth of shabu from China made it past the bureau. The haul was eventually seized – also by Customs personnel – at a Valenzuela City warehouse.

Explaining his decision, Faeldon said the athletes “cannot perform functions that fall within the job description reserved for regular employees.” He said their tasks included “sports development activities” and support services or clerical work at the offices where they were assigned.

In a press conference on Friday, Faeldon meanwhile said those listed as members of the Intelligence Group, did do intelligence work.

“They do not know anything about the intelligence. That’s precisely why they are there. Why? Because nobody expects them to be gathering information for the bureau,” said the embattled commissioner. 

The same individuals, however, no longer serve as intelligence personnel since their identities were exposed, said Faeldon. 

According to the Civil Service Commission (CSC), individual “contract of service” refers to employment that covers “lump sum work” that covers services such as janitorial security and consultancy. There is no employee-employer relationship between the person and the government.

“The job order covers piece work or intermittent job of short duration not exceeding six months and pay is on a daily basis,” notes the CSC resolution, while noting that the contract is not subject to their rules but is covered by Commission on Audit (COA) rules. A person hired via “contract of service” does not enjoy the same benefits as other government employees and their services are not considered government service.

Sticking to his earlier explanation, Faeldon said the athletes were “hired to send a message to the public that the BOC is serious in rebuilding its image in order to reverse public perception of being a corrupt agency.”

Abu had noted that they played against some of the players listed in the Customs Special Order during the UNTV cup, which is a basketball tournament among various government agencies. The bureau, meanwhile, fielded a volleyball team during the semi-professional VLeague.

“We must change this perception by convincing the public and encouraging our employees to help reform the agency. We need these players to do that,” said Faeldon, a former Marine.

The commissioner said the athletes worked under the supervision of lawyer Roy Lawagan, head of the BOC committee for special activities which organizes various personnel development activities. These activities include fun runs and basketball clinics, to name a few. – Rappler.com