Senate committee draft report recommends total overhaul of BOC
The Senate Blue Ribbon Committee has strongly recommended a total overhaul of the Bureau of Customs (BOC) following the entry of a R6.4billion shabu shipment from China. In a draft committee report, Senator Richard Gordon also recommends further study on the feasibility of conducting a preshipment inspection from the point of origin in order to properly monitor the entry of goods into the country’s ports.
“It is strongly recommended and urged in the strongest terms that the BOC be totally overhauled,” Gordon said in the executive summary of the draft committee report released Tuesday night.
From port of origin
“The Committee recommends to study the feasibility of conducting Pre-Shipment Inspection Reports from the point of origin which shall be furnished to the port of destination prior to its embarkation, including the BOC’s daily monitoring of total containers and collections per day in relation to its annual target,” he said.
The committee report also recommended amendments to the Administrative Order No. 243-A, Series of 2009, such that all imported goods, whether containerized or not, and irrespective of value and personal effects, whether re-exported from the Philippines from any neighboring country, shall be liable to mandatory pre-shipment inspection.
“No goods shall be imported into the country unless accompanied by a Clean Report of Findings, and an Import Duty Report issued in respect of such goods by a dulyaccredited inspecting officer or company,” the draft report stated.
Tax Academy
Likewise, the blue ribbon committee draft report suggested the passage of a measure that would establish a Customs and Tax Academy “to train professional Customs personnel into a culture of integrity, honesty and purpose, in order to have continuity.
“A Customs and Tax Academy must be created and developed. If there are suspensions or dismissals of personnel, we can immediately find a replacement when there exists a pool, especially those who passed the Customs Brokers Examination, of Customs and Tax Academy – trained persons waiting in the wings,” it stated.
Filing of criminal charges
The blue ribbon draft report also recommended the filing of criminal charges against all BOC officials in the command center who clearly engaged in the so-called “tara system.”
“The ‘tara’ system, as discovered by this committee, must be utterly dismantled and never allowed to come into existence again,” the report stated.
“There must be periodic review of the performance of licensed brokers, as well as summary processes for license suspension or revocation. Any licensed broker involved in smuggling must be immediately suspended, for cause, and reported to the Secretary of Finance for further proceedings. This, without prejudice to the filing of criminal cases, when warranted,” it added.
Lacson’s observations
The draft committee report is now being routed for signature among senators. Sen. Panfilo Lacson said he has not signed the document.
“I expressed my serious reservations on the findings contained in the committee report being routed, particularly in the matter of Faeldon, Estrella and Pinawin. Chairman Gordon said he will make an addendum once he receives my comments,” he said.
Lacson is referring to ex-BOC commissioner Nicanor Faeldon, and intelligence officers Niel Anthony Estrella, and Joel Pinawin.
The draft report found Faeldon as culpable for misfeasance, and nonfeasance; Estrella and Pinawin for malfeasance, misfeasance, and nonfeasance in the performance of duties.