Drastic measure
There is no argument that the presidential order placing the Bureau of Customs under military control is a drastic measure. It is unprecedented and could potentially be unconstitutional. The closest constitutional cushion the president can invoke to couch his calling in the military for the suppression of anything is lawless violence.
President Duterte himself invoked that provision in the speech he gave to announce his latest order. He described the Customs bureau as being with lawless elements. While only a scant few will probably dispute that, there is probably no one who will dispute either that Duterte, whether by fault or design, crucially omitted the word violence.
The word violence is a critical qualifier for lawlessness. Lawlessness may be rampant and widespread, at the Bureau of Customs or anywhere. But unless such lawlessness is accompanied by violence, it is doubtful if the president can legally and constitutionally call in the military.
Nevertheless, here is the rub. Shenanigans at the Bureau of Customs have become so frustrating to most Filipinos that it is doubtful if anyone, with the notable exception of his enemies and critics, of course, would even raise a peep to what the president has ordered. I think people are even secretly cheering the development.
This is the same with his aggressive war on illegal drugs. Despite the public uproar from his usual detractors, the average Filipino is secretly cheering what is going on. Given a chance at anonymity, the Filipino would give Duterte the thumbs up wholeheartedly. This is reflected in his continued popularity in survey after survey.
The martial law that Duterte has clamped down on Mindanao is just as instructive. Despite the sporadic criticisms from his usual loud but few enemies, most of the people in Mindanao themselves are not complaining. Despite the fearsome connotations of martial law, the law and order benefits it has provided seem to far outweigh the concerns.
Duterte may be crude, brusque and otherwise too much of the unrefined provinciano. But that is probably why people long used to the hypocrisy of many politicians have come to love this man. His uniqueness brings a certain freshness. Sometimes it is the sheer rawness of anything that makes a thing so pleasing.
There is a fairly good chance somebody will bring this matter up before the Supreme Court. But I am sure many will be secretly wishing that the high court will not succumb to the need for a strict to-the-letter interpretation of what is written but give way to the nuances that may be hidden when words are crafted to govern the conduct of men.
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