Lawmakers said that balikbayan boxes going through X-ray inspection of the Bureau of Customs is part of the remedial legislation arising from their inquiry on the entry of "hot cars" and motorcycles from the United States into the country.
"There should be rigorous examination and investigation by the personnel of the BOC of these shipments notwithstanding that they are door-to-door shipments," Rep. Elpidio Barzaga (Lone District, Dasmarinas City) said during the initial hearing of the House Subcommittee on Customs, Tariff and Related Laws chaired by Rep. Rodolfo Farinas (1st District, Ilocos Norte).
Lawyer Lourdes Mangaoang, a BOC collector and head of the BOC X-ray Inspection Project (XIP), said balikbayan boxes are not scanned by their X-ray machines because these are categorized as Consolidated Shipments.
"No balikbayan boxes or door-to-door deliveries pass the X-ray machine because they are called Consolidated Shipments, and as such are filed under the Informal Entry Division. Our Informal Entry Division is not yet covered by our Electronic Selectivity System," said Mangaoang.
Asked by Barzaga if there is any prohibition under present laws on scanning balikbayan boxes, Mangaoang said there is none. "There is no prohibition. In fact, I have been recommending that they go through the X-ray machine. Kahit man lang mag-random X-ray ng mga consolidated shipments."
Mangaoang also explained that containers under the BOC Selectivity System are tagged as green, yellow or red. "Green means no inspection of these containers at all. Yellow means they are for document inspection while red means for X-ray inspection or physical examination."
Mangaoang said the Risk Management Office is composed of people who provide criteria on what will be tagged under the red lane. "For example, for a high-risk shipment declared as chemicals, the country of origin can be one of the criteria. The criteria are provided to our Management Information Systems Technology Group (MISTG) on a weekly or monthly basis."
"They provide the criteria and people input this in our system and in our automated customs operated system. So, we don't know saan ang diperensya. I have been suggesting to the Commissioner that the criteria should be reviewed and checked to know if the MISTG follows the criteria," she said.
During the hearing, Allan Lynnard Bigcas, a suspected smuggler of luxury vehicles and guns, said he bought motorcycles in the United States and had these sent to the Philippines through "chop-chop" method via balikbayan boxes.
This method according to lawmakers evaded proper inspection by authorities and defrauded the government of taxes.
"That is illegal. You cannot dismantle a motor vehicle then ship it to the country in balikbayan boxes. You have to declare it as a motor vehicle and ship it to the country. No wonder the BOC has no record of this. You did not pay any taxes to the government," said Fariñas.
District Collector Anju Nereo Castigador of the BOC-Port of Cagayan de Oro said he agrees with Barzaga's manifestation. "I agree that remedial legislation has to be made in order to improve the way that these balikbayan boxes are being taxed and inspected. They should be subjected to more rigorous examination from the port or origin and at the port of destination."
Castigador clarified the Port of Cagayan de Oro does not have door-to-door shipments that enter directly to the port. "It's either through the Manila ports that these balikbayan boxes enter."
Rep. Rufus Rodriguez (2nd District, Cagayan de Oro City) said it is highly possible that the luxury vehicles and motorcycles were not "chop chop" but were brought in the country through the connivance of certain BOC officials in Misamis Oriental.
"It is possible these were not 'chop chop' and brought here in balikbayan boxes, especially the cars. The 2007 Dodge Charger, that cannot be 'chop chop,' and also the Martin Brothers motorcycle,” said Rodriguez.
Rodriguez further said the BOC was using a rather weak procedure in scanning shipments as the vehicles were able to enter the country despite the X-ray machines at the BOC ports.
Lawyer Jose Justo Yap of the National Bureau of Investigation-Cagayan de Oro said he personally believes the vehicles were not "chop chop" and sent via balikbayan boxes. "That is not in our findings. We're just waiting for the FBI report because we requested them to provide information on the shipments made by Bigcas."
source: http://www.congress.gov.ph
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