Heeding general outrage over the random physical inspection of balikbayan boxes, President Benigno Aquino III has ordered the Bureau of Customs (BOC) to stop the practice unless mandatory x-ray and K-9 examinations show derogatory findings.
The decision came after Aquino met with Finance Secretary Cesar Purisima and Customs commissioner Alberto Lina on August 24, and following strong opposition raised by overseas Filipino workers (OFWs) and migrant groups through social media and petitions.
In a statement, the Department of Finance (DOF) said Aquino instructed BOC to stop random physical inspection and stated that “all containers of balikbayan boxes should undergo mandatory x-ray and K-9 examination—at no cost to the sender or the OFW.”
Only in cases of derogatory findings arising from these mandatory examinations should there be a physical inspection, Aquino said.
Prior to Aquino’s instructions, BOC conducted random checks of balikbayan boxes based on the profile of consignees and consolidators.
If a physical inspection is needed, Aquino said BOC must request the presence of an Overseas Workers Welfare Administration representative or a designated officer of an OFW association and the provision of CCTV monitoring in the inspection areas.
These measures, DOF said, are meant to ensure inspection is done in a manner that maximizes public safety while assuring the public that the boxes are not tampered with. “In this manner we are confident that public concerns will be addressed while enhancing the State’s capacity to fulfill its obligation to our people,” DOF concluded.
In the coming days, DOF said BOC will hold a media demonstration or walk-through of the inspection system.
Employees who violate protocols and engage in pilferage will be prosecuted and punished, according to DOF.
“We encourage the public to submit videos and photographic evidence of illegal acts to the Commissioner of Customs,” the agency added.
DOF said Aquino, during the meeting, “emphasized that OFW families view the balikbayan box as an integral part of the family relationship to nurture loved ones at home and as a tangible sign of their love and concern for their family members.”
The President said the reality is that “more often than not, the only people who know what (is) in the boxes are the people who send them and the family members who receive them.”
However, he noted of instances when “unscrupulous individuals have used balikbayan boxes to break the law, and placed the greater community at risk.”
For example, gun parts, ammunition, and accessories were found in seven balikbayan boxes, while 81,529 tablets of anti-anxiety drugs were misdeclared as food supplements in November 2014. Additionally 413 Casio G-Shock watches and in 2011 a custom Harley Davidson Chopper motorcycle owned by a Hollywood scriptwriter, among other high-end car parts, were delivered through balikbayan boxes.
Aquino noted “it is incumbent on the State to uphold its duty to protect our people. But in doing so there should be no contradiction between the need to ensure the implementation of the law, the promotion of the security of the country, and the rights and privileges of our people.”
At present, DOF estimated 1,500 containers of balikbayan boxes are processed in the country each month, translating to around 18,000 containers or around 7.2 million boxes a year.
The BOC said it is losing at least P50 million a month in duties and taxes owing to high-value goods in commercial quantities shipped through balikbayan boxes.
Public outcry
Since late last week, BOC has been receiving negative reaction from a cross section of society — different labor and migrant workers groups, government officials, and OFWs in particular — for enforcing random physical inspection on balikbayan boxes. The agency earlier clarified that random inspection is part of its mandate that it started to enforce only recently.
Senators Ralph Recto and Juan Edgardo Angara both proposed raising the value of balikbayan boxes exempt from duties and taxes. From the current US$500 per box, Recto suggested an increase to $2,000. He also proposed amending the rules issued in the 1990s.
If BOC “is insisting it is just implementing existing rules on the matter, then we might as well change the rules,” Recto said. He added that BOC can acquire CCTV cameras to monitor the opening of balikbayan boxes.
Angara said his committee, Ways and Means, is prioritizing the passage of the Customs Modernization and Tariff Act to help increase the tax-exemption ceiling for balikbayan boxes and provide for a less intrusive examination of goods brought into the country.
Senator Cynthia Villar, meanwhile, asked BOC to clarify the directive on the opening of balikbayan boxes, mentioning reports from OFWs that its rules on this procedure were puzzling.
Senators Miriam Defensor-Santiago and Grace Poe, as well as Representatives Neri Colmenares and Carlos Isagani Zarate likewise sought an investigation on the matter.
Senator Ferdinand Marcos, Jr. warned Customs head Lina against carrying out further restrictions on balikbayan boxes, including a plan to impose taxes or additional fees on forwarding costs for OFW boxes.
Justice Secretary Leila de Lima, while acknowledging BOC’s mandate to safeguard the country from contraband goods, urged the agency to be more cautious with its inspections and to explore other methods of inspection more favorable to OFWs.
As of August 24, a petition by change.org to stop inspections has received the backing of 75,000 supporters, including labor group Partido Manggagawa. Partylist Migrante also earlier sought a probe on BOC’s plan to increase duties and taxes on balikbayan shipments, saying this will increase the fees for sending them.
BOC, in a statement issued on August 23, said it “is not increasing taxes on the balikbayan boxes nor do we want to impede in existing processes.”
BOC deputy commissioner Atty. Agaton Uvero, on his Facebook account, said “Currently, customs collects very minimal taxes (as high as P300 per balikbayan box to as low as P70 per box) plus about 5 containers out of 1,000 containers per month (0.5%) are subjected to security check at the premises of the forwarders or consolidators.” – Roumina Pablo
