Pasay court dismisses
case vs AACBI for lack of merit
THE Pasay City Prosecutor’s Office
has dismissed the criminal complaint filed by customs broker
Virgilio Laudit against Airlift Asia Customs Brokerage Inc.
(AACBI) and company president Alfonso Santiago for lack of
merit.
The case stems from alleged violations of AACBI of several
provisions of Republic Act 9280 (Customs Broker Act of 2004)
and resolutions of the Professional Regulatory Board for Customs
Brokers (PRBCB).
The resolution for IS No. 06-J-4308 penned by 2nd assistant
city prosecutor Bernabe Augustus C. Solis and approved by
City Prosecutor Elmer G. Mitra on January 12, 2007 said complainant
Laudit Òhas no legal personality to institute criminal
actionÓ citing Section 3 of the Rules on Criminal Procedures
which Òdefines a complaint as a sworn written statement
charging a person with an offense, subscribed by the offended
party, any peace officer, or any other public officer charged
with the enforcement of the law violated.
ÒEvidently, complainant is not an offended party in
the infringement of a special law allegedly committed by respondents
since he is not entitled to civil indemnity.Ó
According to Solis, the complainant Òshould have promptly
addressed his woes to the Professional Regulatory Board for
Customs Brokers (PRBCB), upon which the task to investigate
and take the necessary legal action wrest.Ó
In November, Laudit filed a criminal complaint claiming AACBI
engaged in corporate practice of customs brokerage in violation
of Sections 27, 28 and 29, Article IV of RA 9280 by preparing
documents of different imported articles as a corporation.
Laudit, a Professional Customs Brokers Association of the
Philippines (PCBAPI) member, said the acts of AACBI in releasing
and preparing the documents are indicative of a function and/or
duty to which only a professional customs broker can perform
by virtue of RA 9280, specifically Section 6 in relation to
Section 27 which provides that preparation of customs requisite
documents for imports and exports, declaration of customs
duties and taxes, preparation, signing, filing, lodging and
processing of import and export entries are part of the scope
of practice of customs brokers.
Laudit claimed AACBI violated the law on two occasions —
when it prepared documents for Intel Asia Pacific Call Center
and for Smart Communications Inc.
He claimed the respondents signed, lodged, and processed the
same and rendered professional services in matters relating
to customs and practices in the release of the said imported
articles before the BOC.
AACBI in its counter-affidavit claimed Laudit is not the proper
party to complain since he is not the offended party and as
a corporation, AACBI cannot commit a crime nor be accused
in a criminal action. AACBI said its president Alfonso Santiago
is only involved in the management of the business and has
never offered himself as a customs broker, or used the title
to convey the impression that he (or the corporation) is in
the business of customs brokering. AACBI said John Ilagan,
its principal customs broker, signed, lodged and processed
the entries presented by the petitioners in the BOC and not
Santiago.
In his decision, Solis said while both Asia Pacific Call Center
and Smart Communication, Inc. are clients of AACBI, Òit
is undisputed that it was John Ilagan, a duly licensed customs
broker, who signed, lodged and processed the subject entry
forms. Clearly then, there was no legal obstacle barring John
Ilagan from practicing his profession when he performed the
chores. To that end, Airlift Asia did not transgress the law.
It would have been unlawful had Airlift Asia tapped an unlicensed
employee to sustain the needs of Asia Pacific Call Center
and Smart Communication, Inc.
ÒConsequently, after assiduously exploring RA 9280
in its entire context, it is our viewpoint that the real and
undistorted intention of the lawmakers in so enacting the
RA 9280 is to discourage and forbid firms, companies and associations
from engaging in the contemptible and tainted practice of
unduly utilizing the services of unqualified personnel in
pursuit of their business endeavors.Ó
Laudit and PCBAPI have declined to comment on the decision
pending receipt of a copy of such. AACBI officials could also
not be reached for comment as of this writing.
RA 9280 enacted on March 30, 2004 regulates the practice of
the customs brokers profession. Section 29 of the law provides
that the customs broker practice is a professional service
and as such, no firm, company, or association may be registered
or licensed as such for the practice of customs broker profession.
Section 28 also provides that no person shall practice or
offer to practice the profession, or use the title unless
one is a registered licensed customs broker.
However, Customs Administrative Order 3-2006-A issued in August
2006 and which operationalizes RA 9280 at the BOC, authorized
customs brokerage corporations and freight forwarding firms
to lodge customs entries.
Tanker
operators given until April 2008 to acquire double-hull vessels
OPERATORS of single-hull tankers have until
April of next year to replace their ships with double-hull
double-bottom tankers or face expulsion from the trade, according
to the Maritime Industry Authority (Marina).
This after Marina last week approved memorandum circular 2007-001,
which will serve as guideline for tanker operators in replacing
their ships.
Based on the circular, all oil tankers including tankers below
600 deadweight tons (dwt) have until April 2008 to comply
or face possible delisting from the Philippine registry.
Marina has divided oil tankers into three categories: Category
1 that includes oil tankers of 20,000 dwt and above carrying
crude oil, fuel oil, heavy diesel oil or lubricating oil as
cargo, and those in the 30,000 dwt category and above carrying
other oils; Category 2, oil tankers of 5,000 dwt; and Category
3, oil tankers less than 5,000 dwt.
Based on the circular, categories 1 and 2 oil tankers should
be protected by double-bottom tank or spaces such that the
distance between the bottom of the cargo tanks and the moulded
line of the bottom shell plating is not less than 1 meter.
Wing tanks or spaces that extend for the full depth of the
ship’s side from the top of the double bottom to the
uppermost deck should also have a minimum width of 1 meter.
Category 3 oil tankers should be fitted with double-bottom
tanks or spaces such that the distance between the bottom
of the cargo tanks and the moulded line of the bottom shell
plating is not less than 0.76 meter. They must also be provided
with wing tanks with a minimum width of 0.76 meter.
Categories 1 and 2 oil tankers, meanwhile, carrying heavy
grade oil as cargo shall be double-hull, complying with the
first given specification while category 3 oil tankers carrying
heavy grade oil as cargo should be fitted with both double-bottom
tank and wing tank complying with the second specification.
According to Marina, ships not compliant with the new requirement
will be suspended for 60 days without prejudice to the issuance
of a cease and desist order, possible delisting from the Philippine
register, and immediate cancellation and revocation of their
authority to operate.
Marina will likewise impose a fine of P50,000 to violators
for each day of operation, without prejudice to the imposition
of applicable claims and liabilities in cases where the ship
is involved in a maritime accident.
Marina is phasing out the use of single-hull tankers in the
domestic trade to prevent incidents such as the sinking of
MT Solar I in July last year which spilt some 220,000 liters
of black oil near Guimaras island contaminating Guimaras and
nearby islands.
It is also a parallel move to the order of the International
Maritime Organization (IMO) banning the use of single-hull
tankers in the international trade.
Tanker operators, led by the Philippine Petroleum Sea Transport
Association (Philpesta), are amenable to the shift but have
asked government to help them source the needed funds to finance
acquisition of the required vessels.
The group said government intervention is vital as tanker
operators do not have the money to acquire new tankers considering
their high-cost. Second-hand models, on the other hand, are
scarce.
Philpesta estimates that double-hull tankers fit for domestic
use (5,000 GRT), costs $12-$15 million each. Aside from the
financial aspect, Philpesta said, operators also face difficulty
in looking for a shipyard that will accommodate their orders
as almost all foreign shipyards are fully booked until 2012.
As of last year, there were about 214 tankers in the country,
21 of which are capable of carrying black oil.
Last August, the country’s first double-hull tanker,
the MT Aston, arrived in Manila; two more double-hull vessels
will be delivered between now and March.
Originally, Marina planned to impose the use of double-hull
tankers much later than 2008 to give operators the chance
to secure financing for their refleeting.
Internationally, single-hull tankers have been banned from
entering ports of European Union members since October 2003,
after the sinking of the supertanker Prestige, which broke
in half on November 2002 off the coast of Galicia, Spain.
It spilt half of the 77,000 tons of oil it was carrying, and
damaged the beaches of Iberian Peninsula and killed other
marine lives.
That incident followed the sinking of the Erika, another tanker,
off the coast of France in December 1999.
Transport
agency sees omnibus maritime act enacted next year
THE Department of Transportation and Communication
(DOTC) is targeting 2008 for the release of an omnibus maritime
act that would harmonize functions of its agencies.
Transport undersecretary for maritime sector Elena Bautista
said the law will not create another department but will only
study thoroughly what the sector needs.
ÒI’m not sold to the idea of creating a separate
maritime department. But we need a strong maritime administration,Ó
she said.
Bautista said she expects a recommendation from a team of
Norwegian, local maritime experts, and academicians possibly
from the University of the Philippines, by year-end, and legislation
by Congress into law by 2008.
The government of Norway early this year gave the Philippines
a technical assistance grant of $200,000 for the creation
of a bills review committee that would study all maritime
laws in the country.
In early 2000, there were moves to create a separate department
for the maritime sector, but this did not progress partly
as a result of the country’s stagnant shipping industry.
Bautista said the country’s seafarers will also benefit
from the move since the committee will review functions of
each of the government agencies that seafarers deal with.
Maritime Industry Authority (Marina) administrator Vicente
T. Suazo Jr. earlier said that in order for the country to
remain as the world’s top supplier of seafarers, the
government needs to streamline processes so as not to discourage
foreign principals from sourcing their crew members from the
Philippines.
At the moment, before a seaman can work in an international
vessel, he would have to deal with 15 government agencies
for documentation requirements, including the Professional
Regulation Commission, Overseas Workers Welfare Administration,
Philippine Overseas Employment Agency, and Marina.
“There is need to streamline this system and we believe
Marina should be the central agency for governing the documentation
of the country’s seafarers,” Suazo said.
A ship breaking industry for the Philippines
is still a long shot and may not be seen in the next few years,
according to the Maritime Industry Authority (Marina).
It added that adhering to provisions of the Basel Convention
on the Control of Transboundary Movements of Hazardous Wastes
and Their Disposal, of which the Philippines is a signatory,
could push the take off of the ship breaking industry further.
Still, Marina shipyard regulation chief Emerson M. Lorenzo
said the agency has started preliminaries to the creation
of the industry through discussions with the Department of
Environment and Natural Resources on the basic requirements
of the ship breaking industry such as the environmental clearance
certificate.
ÒWe are carefully discussing things as we may have
problems on the environment in the future. However, this may
take some time,Ó Lorenzo said.
As a result, government cannot fully implement its vessel
retirement program, since old ships cannot be disposed of
beyond selling them overseas or recalibrating them.
THE Subic Bay Metropolitan Authority (SBMA)
posted $1.43 billion in fresh investments from January to
December last year, a remarkable 5,265% increase from the
previous year’s $26.57 million.
The new investments resulted from the entry of 129 newly approved
projects, up 89.7% compared to 68 from the same period in
2005.
SBMA attributed the phenomenal leap to the $1-billion committed
investment of South Korea’s Hanjin Heavy Industries
and Construction Co. (HHIC) for the construction of a world-class
shipbuilding facility.
The manufacturing sector also committed an additional $384
million, including the $312-million glass manufacturing project
of mainland China’s Hebei Xintai Jing Niu and two other
Korean electronic manufacturing firms, Rubicon Electro, Inc.
and Wooju Inc., with combined investment pledges of $1.8 million.
Another major investment package obtained by the SBMA last
year was the entry of another Chinese firm, Guangzhou Aircraft
Maintenance and Engineering Company Ltd. with $729,000 worth
of committed investments to provide aircraft service requirements
for air courier giant Federal Express (FedEx).
Other new investors are engaged in electronic manufacturing,
steel fabrication, estate development, language school and
expansion of existing retirement village.
Apart from Taiwan’s Yienson Garments Manufacturing Corp
with $12 million worth of investments, four new Taiwanese
investors will be setting up factories inside Subic Bay Industrial
Park: Sapphire Instruments Subic Bay which operates an engineering
center for research and development, Taiming International
Trading which will set up a logistics warehousing for general
merchandise, Topwin Stone Subic which will process granite
and marble stone, and Wise Center (Phils.) Precision Appliances
which will be engaged in the assembly and trading of garden
tools, hardware and plastic products.
Filipino firm, Mayer Steel Pipe Corp also entered into a long-term
lease contract with $3 million of committed investments to
manufacture and supply fabricated steel pipes for the shipbuilding
facilities of Hanjin.
