TARIFF
AND CUSTOMS LAWS OF THE PHILIPPINES
This page features the full text of
Republic Act No. 1937
Tariff
and Customs Code of the Philippines
AN
ACT TO REVISE AND CODIFY THE TARIFF AND CUSTOMS LAWS OF THE PHILIPPINES
..
REPUBLIC
ACT NO. 1937
.
AN
ACT TO REVISE AND CODIFY THE TARIFF AND CUSTOMS LAWS OF THE PHILIPPINES
BOOK
II
CUSTOMS
LAW
TITLE
VI
ADMINISTRATIVE
AND JUDICIAL PROCEEDINGS
PART
1
SEARCH,
SEIZURE AND ARREST
Section
2201. Obstruction of Customs
Premises. — No person shall obstruct a customhouse, warehouse, office,
wharf, street or other premises under the control of the Bureau of
Customs,
or any of the approaches to such house or premises.
chanrobles virtual law library
Sec.
2202. Special Surveillance for
Protection of Customs Revenue and Prevention of Smuggling. — In order
to
prevent smuggling and to secure the collection of the legal duties,
taxes
and other charges, the customs service shall exercise surveillance over
the coast, beginning when a vessel or aircraft enters Philippine
territory
and concluding when the article imported therein has been legally
passed
through the customhouse.
chanrobles virtual law library
Sec.
2203. Persons Having Police Authority.
— For the enforcement of the customs and tariff laws, the following
persons
are authorized to effect searches, seizures and arrests conformably
with
the provisions of said laws:
a. Officials
of the Bureau of Customs, collectors, assistant collectors, deputy
collectors,
surveyors, security and secret-service agents, inspectors, port patrol
officers and guards of the Bureau of Customs.
chanrobles virtual law library
b. Officers
of the Philippine Navy when authorized by the Commissioner.
chanrobles virtual law library
c. Any
person especially authorized in writing by the Commissioner.
d. Officers
generally empowered by law to effect arrests and execute processes of
courts,
when acting under direction of the Collector.
e. Any
person especially authorized by a Collector, subject to the
restrictions
stated in the next succeeding section.
Persons
exercising the powers hereinabove conferred shall, in the exercise
thereof,
have the same authority, be entitled to the proper protection, and
shall
be governed by the same law, not inconsistent with the provisions of
this
section, as other officers exercising police authority in general.
chanrobles virtual law library
Sec.
2204. Place Where Authority May
Be Exercised. — Persons acting under authority conferred pursuant to
subsection
(e) of the preceding section may exercise their authority within the
limits
of the collection district only and in or upon the particular vessel or
aircraft, or in the particular place, or in respect to the particular
article
specified in the appointment. All such appointments shall be in
writing,
and the original shall be filed in the customhouse of the district
where
made.
chanrobles virtual law library
All
other persons exercising the powers hereinabove conferred may exercise
the same at any place within the jurisdiction of the Bureau of
Customs.
Sec.
2205. Exercise of Power of Seizure
and Arrest. — It shall be within the power of a customs official or
person
authorized as aforesaid, and it shall be his duty, to make seizure of
any
vessel, aircraft, cargo, articles, animal or other movable property
when
the same is subject to forfeiture or liable for any fine imposed under
customs and tariff laws, and also to arrest any person subject to
arrest
for violation of any customs and tariff laws, such power to be
exercised
in conformity with the law and the provisions of this Code.
Sec.
2206. Duty of Officer or Official
to Disclose Official Character. — It shall be the duty of any person
exercising
authority as aforesaid, upon being questioned at the time of the
exercise
thereof, to make known his official character as an officer or official
of the Government, and if his authority is derived from special
authorization
in writing to exhibit the same for inspection, if demanded.
Sec.
2207. Authority to Require Assistance.
— Any person exercising police authority under the customs and tariff
laws
may demand assistance of any police officer when such assistance shall
be necessary to effect any search, seizure or arrest which may be
lawfully
made or attempted by him. It shall be the duty of any police officer
upon
whom such requisition is made to give such lawful assistance in the
matter
as may be required.
Sec.
2208. Right of Police Officer
to Enter Inclosure. — For the more effective discharge of his official
duties, any person exercising the powers herein conferred, may at
anytime
enter, pass through, or search any land or inclosure or any warehouse,
store or other building, not being a dwelling house.
chanrobles virtual law library
A
warehouse, store or other building or inclosure used for the keeping of
storage of articles does not become a dwelling house within the meaning
hereof merely by reason of the fact that a person employed as watchman
lives in the place, nor will the fact that his family stays there with
him alter the case.
Sec.
2209. Search of Dwelling House.
— A dwelling house may be entered and searched only upon warrant issued
by a judge or justice of the peace, upon sworn application showing
probable
case and particularly describing the place to be searched and person or
thing to be seized.
Sec.
2210. Right to Search Vessels
or Aircrafts and Persons or Articles Conveyed Therein. — It shall be
lawful
for any official or person exercising police authority under the
provisions
of this Code to go abroad any vessel or aircraft within the limits of
any
collection to go aboard any vessel or aircraft within the limits of any
collection district, and to inspect, search and examine said vessel or
aircraft and any trunk, package, box or envelope on board, and to
search
any person on board the said vessel or aircraft and to this end to hail
and stop such vessel or aircraft if under way, to use all necessary
force
to compel compliance; and if it shall appear that any breach or
violation
of the customs and tariff laws of the Philippines has been committed,
whereby
or in consequence of which such vessels or aircrafts, or the article,
or
any part thereof, on board of or imported by such vessel or aircraft,
is
liable to forfeiture, to make seizure of the same or any part
thereof.
The
power of search hereinabove given shall extend to the removal of any
false
bottom, partition, bulkhead or other obstruction, so far as may be
necessary
to enable the officer to discover whether any dutiable or forfeitable
articles
may be concealed therein.
No
proceeding herein shall give rise to any claim for the damage thereby
caused
to article or vessel or aircraft.
Sec.
2211. Right to Search Vehicles,
Beasts and Persons. — It shall also be lawful for a person exercising
authority
as aforesaid to open and examine any box, trunk, envelope or other
container,
wherever found where he has reasonable cause to suspect the presence
therein
of dutiable or prohibited article or articles introduced into the
Philippines
contrary to law, and likewise to stop, search and examine any vehicle,
beast or person reasonably suspected of holding or conveying such
article
as aforesaid.
chanrobles virtual law library
Sec.
2212. Search of Persons Arriving
From Foreign Countries. — All persons coming into the Philippines from
foreign countries shall be liable to detention and search by the
customs
authorities under such regulations as may be prescribed relative
thereto.
Female
inspectors may be employed for the examination and search of persons of
their own sex.
chanrobles virtual law library
PART
2
ADMINISTRATIVE
PROCEEDINGS
chanrobles virtual law library
Sec.
2301. Warrant for Detention of
Property — Bond. — Upon making any seizure, the Collector shall issue a
warrant for the detention of the property; and if the owner or importer
desires to secure the release of the property for legitimate use, the
Collector
may surrender it upon the filing of a sufficient bond, in an amount to
be fixed by him, conditioned for the payment of the appraised value of
the article and/or any fine, expenses and costs which may be adjudged
in
the case: Provided, That articles the importation of which is
prohibited
by law shall not be released under bond.
chanrobles virtual law library
Sec.
2302. Report of Seizure To Commissioner
and Auditor. — When a seizure is made for any cause, the Collector of
the
district wherein the seizure is effected shall immediately make report
thereof to the Commissioner and to the Auditor General.
chanrobles virtual law library
Sec.
2303. Notification to Owner or
Importer. — The Collector shall give the owner or importer of the
property
or his agent a written notice of the seizure and shall give him an
opportunity
to be heard in reference to the delinquency which was the occasion of
such
seizure.
For
the purpose of giving such notice and of all other proceedings in the
matter
of such seizure, the importer, consignee or person holding the bill of
lading shall be deemed to be the "owner" of the article included in the
bill.
For
the same purpose, "agent" shall be deemed to include not only any agent
in fact of the owner of the seized property but also any person having
responsible possession of the property at the (missing) of the seizure,
if the owner or his agent in fact is unknown or cannot be reached.
Sec.
2304. Notification to Unknown
Owner. — Notice to an unknown owner shall be effected by posting a
notice
for fifteen days in the public corridor of the customhouse of the
district
in which the seizure was made, and, in the discretion of the
Commissioner,
by publication in a newspaper or by such other means as he shall
consider
desirable.
Sec.
2305. Description and Appraisal
and Classification of Seized Property. — The Collector shall also cause
a list and particular description of the property seized to be prepared
and an appraisement or classification of the same at its wholesale
value
in the local market in the usual wholesale quantities to be made by at
least two appraising officials, if there are such officials at or near
the place of seizure; in the absence of such officials, then by two
competent
and disinterested citizens of the Philippines, to be selected by him
for
that purpose, residing at or near the place of seizure, which list and
appraisement shall be properly attested to by such Collector and the
persons
making the appraisal.
Sec.
2306. Proceedings in Case of
Property Belonging to Unknown Parties. — If, within fifteen days after
the notification prescribed in section twenty-three hundred and four of
this Code, no owner or agent can be found or appears before the
Collector,
the latter shall declare the property forfeited to the government to be
sold at auction in accordance with law.
chanrobles virtual law library
Sec.
2307. Settlement of Case by Payment
of Fine or Redemption of Forfeited Property. — If, in any seizure case,
the owner or agent shall, while the case is yet before the Collector of
the district of seizure, pay to such Collector the fine imposed by him
or, in case of forfeiture, shall pay the appraised value of the
property,
or, if after appeal of the case, he shall pay to the Commissioner the
amount
of the fine as finally determined by him, or, in case of forfeiture,
shall
pay the appraised value of the property, such property shall be
forthwith
surrendered, and all liability which may or might attach to the
property
by virtue of the offense which was the occasion of the seizure and all
liability which might have been incurred under any bond given by the
owner
or agent in respect to such property shall thereupon be deemed to be
discharged.
Redemption
of forfeited property shall not be allowed in any case where the
importation
is absolutely prohibited or where the surrender of the property to the
person offering to redeem the same would be contrary to law.
Sec.
2308. Protest and Payment upon
Protest in Civil Matters. — When a ruling or decision of the Collector
is made whereby liability for duties, fees, or other money charge is
determined,
except the fixing of fines in seizure cases, the party adversely
affected
may protest such ruling or decision by presenting to the Collector at
the
time when payment of the amount claimed to be due the Government is
made,
or within thirty days thereafter, a written protest setting forth his
objections
to the ruling or decision in question, together with the reasons
therefor.
No protest shall be considered unless payment of the amount due after
final
liquidation has first been made.
Sec.
2309. Protest Exclusive Remedy
in Protestable Case. — In all cases subject to protest, the interested
party who desires to have the action of the Collector reviewed, shall
make
a protest, otherwise, the action of the Collector shall be final and
conclusive
against him, except as to matters correctible for manifest error in the
manner prescribed in section one thousand seven hundred and seven
hereof.
Sec.
2310. Form
and Scope of Protest. — Every protest shall be filed in accordance with
the prescribed rules and regulations promulgated under this section and
shall point out the particular decision or ruling of the Collector to
which
exception is taken or objection made, and shall indicate with
reasonable
precision the particular ground or grounds upon which the protesting
party
bases his claim for relief.
The
scope of a protest shall be limited to the subject matter of a single
adjustment
or other independent transaction; but any number of issue may be raised
in a protest with reference to the particular item or items
constituting
the subject matter of the protest.
"Single
adjustment", as hereinabove used, refers to the entire content of one
liquidation,
including all duties, fees, surcharges or fines incident thereto.
chanrobles virtual law library
Sec.
2311. Samples to be Furnished
by Protesting Parties. — If the nature of the articles permit,
importers
filing protests involving questions of fact must, upon demand, supply
the
Collector with samples of the articles which are the subject matter of
the protests. Such samples shall be verified by the custom official who
made the classification against which the protest are filed.
Sec.
2312. Decision or Action by Collector
in Protest and Seizure Cases. — When a protest in proper form is
presented
in a case where protest in required, the Collector shall reexamine the
matter thus presented, and if the protest is sustained, in whole or in
part, he shall enter the appropriate order, the entry reliquidated if
necessary.
In
seizure cases, the Collector, after a hearing, shall in writing make a
declaration of forfeiture or fix the amount of the fine or take such
other
action as may be proper.
Sec.
2313. Review by Commissioner.
— The person aggrieved by the decision or action of the Collector in
any
matter presented upon protest or by his action in any case of seizure
may,
within fifteen days after notification in writing by the Collector of
his
action or decision, give written notice to the Collector of his desire
to have the matter reviewed by the Commissioner. Thereupon the
Collector
shall forthwith transmit all the records of the proceedings to the
Commissioner,
who shall approve, modify or reverse the action or decision of the
Collector
and take such steps and make such orders as may be necessary to give
effect
to his decision.
Sec.
2314. Notice of Decision of Commissioner.
— Notice of the decision of the Commissioner shall be given to the
party
by whom the case was brought before him for review, and in seizure
cases
such notice shall be effected by personal service if practicable.
Sec.
2315. Supervisory Authority of
Commissioner And of Department Head in Certain Cases. — If in any case
involving the assessment of duties the importer shall fail to protest
the
ruling of the Collector, and the Commissioner shall be of the opinion
that
the ruling was erroneous and unfavorable to the Government, the latter
may order a reliquidation; and if the ruling of the Commissioner in any
unprotested case should, in the opinion of the department head, be
erroneous
and unfavorable to the Government, the department head may require the
Commissioner to order a reliquidation.
Except
as in the preceding paragraph provided, the supervisory authority of
the
department head over the Bureau of Customs shall not extend to the
administrative
review of the ruling of the Commissioner in matters appealed to the
Court
of Tax Appeals.
chanrobles virtual law library
PART
3
JUDICIAL
PROCEEDINGS
chanrobles virtual law library
Sec.
2401. Supervision and Control
over Judicial Proceedings. — In the absence of special provision,
judicial
action and proceedings instituted on behalf of the Government pursuant
to the provisions of this Code shall be subject to the supervision and
control of the Commissioner.
chanrobles virtual law library
Sec.
2402. Review by Court of Tax
Appeals. — The party aggrieved by a ruling of the Commissioner in any
matter
brought before him upon protest or by his action or ruling in any case
of seizure may appeal to the Court of Tax Appeals, in the manner and
within
the period prescribed by law and regulations.
chanrobles virtual law library
Unless
an appeal is made to the Court of Tax Appeals in the manner and within
the period prescribed by laws and regulations, the action or ruling of
the Commissioner shall be final and conclusive.
chanrobles virtual law library
PART
4
SURCHARGES,
FINES AND FORFEITURES
chanrobles virtual law library
Sec.
2501. Failure to Pay Liquidated
Charges. — For failure to pay the amount of liquidated duties, taxes
and
other charges of a liquidation within ten working days after the notice
of liquidation shall have been publicly posted in the customhouse, a
surcharge
of five per centum of the total amount or balance found upon
liquidation
shall be added thereto and collected therewith.
chanrobles virtual law library
Sec.
2502. Failure to Supply Invoice.
— When an entry of articles valued at more than five hundred pesos is
permitted
by the Collector to be effected upon commercial invoice signed by the
manufacturer,
seller or shipper, the Collector instead of requiring a bond for the
subsequent
production of the consular invoice, may, if the importer prefers,
impose
a surcharge of not less than twenty-five pesos nor more than an amount
equal to fifty per centum of the duties due upon the importation.
chanrobles virtual law library
Sec.
2503. Undervaluation and Misdeclaration
in Entry. — When the value of the imported articles shall be so
declared
and entered that the duties, based on the declaration of the importer
on
the face of the entry, would be less by twenty per centum than should
be
legally collected, or when the dutiable weight measurement or quantity
of imported articles is found upon examination to exceed by ten per
centum
or more, the entered weight, measurement or quantity, a surcharge may,
in the discretion of the Collector be collected from the importer in an
amount not less than the difference between the full duty and the duty
based upon the declaration of the importer, nor more than five times of
such difference: Provided, That in cases where the Collector
decides
to waive imposition of any surcharge in excess of one hundred pesos in
any entry, his action shall be subject to review by the
Commissioner.
Sec.
2504. Failure or Refusal of Party
to Give Evidence or Submit Documents for Examination. — When the owner,
importer or consignee of any imported articles, or the agent of either,
fails or refuses, upon lawful demand in writing by any customs official
to appear, make oath or submit himself to examination, or to answer any
material question or refuses to produce records, accounts or invoices
in
his possession pertaining to the value, classification or disposition
of
the article in question and deemed material in appraising the same, the
Collector shall assess a surcharge of twenty per centum ad valorem on
the
article which is the subject of the importation.
Sec.
2505. Failure to Declare Baggage.
— Whenever any dutiable article is found in the baggage of any person
arriving
within the Philippines which is not included in the baggage
declaration,
such article shall be seized and the person in whose baggage it is
found
may obtain release of such article, if not imported contrary to any law
upon payment of treble the appraised value of such article plus all
duties,
taxes and other charges due thereon unless it shall be established to
the
satisfaction of the Collector that the failure to mention or declare
said
dutiable article was without fraud.
Nothing
in this section shall preclude the bringing of criminal action against
the offender.
Sec.
2506. Breach of Bond. — Upon
breach of a bond required to be filed under the tariff and customs
laws,
the Collector subject to the approval of the Commissioner, may accept
in
satisfaction thereof a smaller sum than that mentioned in the penalty
clause
of the bond, but in no case less than the amount necessary to indemnify
the Government for the damage occasioned by such breach.
Sec.
2507. Unlawful Navigation of
Unregistered Vessel. — When any vessel is used or navigated in
Philippine
waters without having been first duly registered in the Bureau of
Customs,
or application therefor made as required by law, such vessel shall be
fined
in a sum not less than fifty pesos nor more than one thousand
pesos.
Sec.
2508. Vessel Engaging in the
Coastwise Trade Without License. — Any vessel engaging in the coastwise
trade, without the requisite license, shall be fined in a sum not
exceeding
one thousand pesos.
Sec.
2509. Vessel Navigating Without
Complement of Officers. — Any Philippine vessel navigating without a
full
complement of duly licensed officers, not otherwise due to an emergency
beyond the control of the master, owner or agent, shall be fined in a
sum
not exceeding one thousand pesos.
Sec.
2510. Vessel Engaging in Bay
and River Business Without License. — Any vessel engaging in the
business
of towing or of transporting passengers or freight in any harbor, bay,
river or any inland water navigable from the sea, without the requisite
license, shall be fined in a sum not exceeding five hundred pesos.
Sec.
2511. Failure to Produce Members
of Crew. — When the master of a Philippine vessel returning from abroad
fails to produce as required by law, any member of the crew listed at
the
time of departure from the Philippines, in the vessel's shipping
articles,
the vessel shall be fined in the sum not exceeding five hundred pesos
for
each member absent and unaccounted for.
chanrobles virtual law library
Sec.
2512. Injury to Buoys and Beacons.
— When any buoy or beacon maintained in Philippine waters is damaged,
misplaced
or destroyed by reason of having made fast thereto any vessel or other
floating object or as a consequence of the negligent navigation or
control
thereto, such vessel, or the owner or person in control of any such
other
object which caused the damage shall be subject to a fine of not more
than
two hundred pesos, to which shall be added the expense of repairing or
replacing the same.
Sec.
2513. Vessel or Aircraft Departing
before Entry Made. — Any vessel or aircraft arriving within the limits
of a collection district from a foreign port which departs before entry
is made, without being compelled to do so by stress of weather, pursuit
or duress of enemies, or other necessity, shall be fined in a sum not
exceeding
five thousand pesos.
Sec.
2514. Obstruction to Boarding
Official. — If the master or pilot in command or any member of the
complement
of any vessel or aircraft arriving at a Philippine port obstructs on
hinders
any official from lawfully going on board such vessel or aircraft for
the
purpose of enforcing the customs and tariff laws intentionally causes
any
such official to be so obstructed or hindered, the vessel or aircraft
shall
be fined in a sum not exceeding five thousand pesos.
Sec.
2515. Unlawful Boarding or Leaving
of Vessel or Aircraft. — If upon arrival at a Philippine port, any
master
of a vessel or pilot in command of an aircraft engaged in a foreign
trade
permits any person to board or leave the vessel or aircraft without the
permission of the customs official in charge, such vessel or aircraft
shall
be fined in a sum not exceeding one thousand pesos.
Sec.
2516. Failure to Deliver or Receive
Mail. — If the master of a vessel or pilot in command of an aircraft
arriving
at a Philippine port fails or refuses to deliver to the postmaster of
the
nearest post office, as required by law or contract, all mail matter on
board such vessel or aircraft and destined for the particular port, the
vessel or aircraft shall be fined in a sum not exceeding one thousand
pesos.
When
any vessel or aircraft which is required by law or contract to carry
mail
matter departs from a port or place where mail should be received,
without
giving the postmaster or other postal official a reasonable opportunity
to deliver to the vessel or aircraft of its proper officer or agent,
any
mail matter addressed to or destined for the port or place to which the
vessel or aircraft is bound, such vessel or aircraft shall be fined in
a sum not exceeding one thousand pesos.
Sec.
2517. Unlading of Cargo Before
Arrival At Port of Destination. — If, upon the arrival within the
limits
of any collection district of the Philippines of any vessel or aircraft
engaged in foreign trade, the master or pilot in command thereof
permits
any part of the cargo to be unladen before her arrival at her port of
destination,
and without authority from a proper customs official, such vessel or
aircraft
shall be fined in a sum not exceeding five thousand pesos, unless the
unlading
was rendered necessary by stress of weather, accident or other
necessity;
and if due to necessity, the subsequent approval of the proper
Collector
must be obtained.
Sec.
2518. Unlading of Cargo at Improper
Time or Place After Arrival. — Any vessel or aircraft, which after
arrival
at her port of destination in the Philippines, discharges cargo at any
time or place other than that designated by the Collector shall be
fined
in a sum not exceeding ten thousand pesos unless the unlading was
rendered
necessary by stress of weather, accident or other necessity; and if due
to necessity, the subsequent approval of the proper Collector must be
obtained.
Sec.
2519. Failure to Exhibit or Deposit
Documents. — When the master of a vessel or pilot in command of an
aircraft
engaged in foreign trade fails to exhibit to the Collector at the time
of entry of his vessel or aircraft the register or other paper in lieu
thereof, together with the clearance and other papers granted by the
customs
officials to his vessel or aircraft at the last foreign port of
departure,
or fails to exhibit any certificate or other document required to be
then
exhibited, such vessel or aircraft shall be fined in a sum not
exceeding
five thousand pesos.
Such
vessel shall be liable for the payment of the aforesaid fine if the
master,
within forty-eight hours after arrival, shall fail to deliver to the
proper
consular officer of his nation such documents as are required by law to
be deposited with him, or, if after having made such deposit, the
master
shall fail to produce to the Collector the required evidence that the
same
has been effected.
Sec.
2520. Bringing of Unmanifested
Arms, Explosives or War Equipment. — Any vessel or aircraft arriving at
a port in the Philippines, having firearms, gunpowder, cartridges,
dynamite
or any other explosives, munitions or equipments of war concealed on
board
his vessel or not contained in the manifest of the vessel or aircraft,
shall be fined not exceeding twenty thousand pesos.
Sec.
2521. Failure to Supply Requisite
Manifests. — If any vessel or aircraft enters or departs from a port of
entry without submitting the proper manifests to the customs
authorities,
or shall enter or depart conveying unmanifested cargo other than as
stated
in the next preceding section hereof, such vessel or aircraft shall be
fined in a sum not exceeding ten thousand pesos.
The
same fine shall be imposed upon any arriving or departing vessel or
aircraft
if the master or pilot in command shall fail to deliver or mail to the
Auditor General a true copy of the manifest of the incoming or outgoing
cargo, as required by law.
Sec.
2522. Disappearance of Manifested
Article. — When any package or article mentioned in the manifest shall
not be duly forthcoming upon the arrival of the vessel or aircraft, the
vessel or aircraft shall be fined in a sum not exceeding two thousand
pesos,
unless the disappearance of the package or article in question was not
due to the negligence of the master of the vessel or pilot in command
of
an aircraft and explained to the satisfaction of the Collector.
The
vessel or aircraft shall be liable for the payment of the same fine
when
a package or article listed in the manifest does not tally materially
in
character or otherwise with the description thereof in the manifest.
Sec.
2523. Discrepancy Between Actual
and Declared Weight of Manifested Article. — If the gross weight of any
article or package described in the manifest exceeds by more that
twenty
per centum the gross weight as declared in the manifest or bill of
lading
thereof, and the Collector shall be of opinion that such discrepancy
was
due to the carelessness or incompetency of the master or pilot in
command,
owner or employee of the vessel or aircraft, a fine of not more than
fifteen
per centum of the value of the package or article in respect to which
the
deficiency exists, may be imposed upon the importing vessel or
aircraft.
Sec.
2524. Delivery of Cargo Not Agreeing
With Master's or Pilot's in Command Report. — When a vessel or aircraft
arriving from a foreign port is compelled by necessity to put into
another
port than the port of her destination and permission is granted by the
Collector for the unlading of the vessel or aircraft or the delivery of
any part of her cargo and it shall be found that the delivery of the
cargo
does not agree with the master's or pilot's in command report, and the
discrepancy is not satisfactorily explained, the vessel or aircraft
shall
be fined in a sum not exceeding five thousand pesos.
chanrobles virtual law library
Sec.
2525. Breaking of Seal Placed
by Customs Official. — If any seal placed by a customs official upon
any
vessel or aircraft or compartment thereof, or upon any box, trunk or
other
package of article on board any vessel or aircraft is broken or
destroyed,
the vessel or aircraft shall be fined in a sum not exceeding five
thousand
pesos for each seal so broken or destroyed.
Sec.
2526. Breaking of Lock or Fastening
Placed by Customs Official. — If any lock or other fastening device
placed
by a customs official upon any hatch door, or other means of
communication
with the hold of a vessel or aircraft, or other part thereof, for the
security
of the same during the nighttime, shall be unlawfully opened, broken or
removed, or if any of the articles contained in the hold or in other
compartments
so secured shall be clandestinely abstracted and landed, the vessel or
aircraft shall be fined in a sum not exceeding five thousand
pesos.
Sec.
2527. Disappearance of Trunk
or Package Specially Noted by Customs Official. — When any box, trunk
or
other package of article is found by a customs official on any incoming
vessel or aircraft separate from the rest of the cargo or in any
unusual
or improper place on such vessel or aircraft and the same shall be
noted
by him, with proper description, and the attention of the master or
pilot
in command or other responsible officer of the vessel or aircraft is
called
thereto, the vessel or aircraft shall be fined in a sum not exceeding
one
thousand pesos for every such package which may subsequently be missing
and unaccounted for upon the arrival of the vessel or aircraft at the
port
of entry.
Sec.
2528. False Statement of Vessel's
or Aircraft's Destination. — When the master or pilot in command of a
vessel
or aircraft laden with articles shall make a false statement as to the
next destination of such vessel or aircraft, when information
concerning
the same is required of him by a customs official, such vessel or
aircraft
shall be fined in a sum not exceeding five thousand pesos; and the
circumstances
that a vessel or aircraft after clearing for a certain port of
destination
goes to some other port, not being impelled to do so by necessity,
shall
be prima facie proof that the original statement of the vessel's or
aircraft's
actual destination was false.
Sec.
2529. Miscellaneous Offenses.
— The following administrative fines shall be imposed upon any vessel
that
sails or operates under any of the circumstances hereunder
specified:
a. For
sailing or operating without proper certificate of inspection and
special
permit, fifty pesos for each offense;
chanrobles virtual law library
b. For
sailing or operating with expired license or permit, one hundred pesos
for each offense;
chanrobles virtual law library
c. For
engaging in the business of transporting passengers in the coastwise
trade
without license or permit, one hundred pesos for each offense;
d. For
navigating without sufficient life preservers, belts or rafts required
by customs regulations, one hundred pesos for each offense;
e. For
navigating without fire-fighting apparatus and/or medical supplies
required
by customs regulations, fifty pesos for each offense;
f. For
sailing with excess passengers, twenty pesos for each passenger in
excess
of the authorized number, but in no case less than the fare payable by
each passenger to his place of destination;
g. For
sailing with overloaded cargo, fifty pesos for each offense in case of
vessels of fifty tons gross or less; one hundred pesos in case of
vessels
of not less than fifty tons nor more than one hundred tons gross; and
not
less than two hundred pesos nor more than five hundred pesos in case of
vessels of one hundred tons gross or more;
h. A
vessel shall be fined in an amount hereafter fixed for:
(1) Anchoring
at any dock, pier, wharf, quay or bulkhead without rat guards, fifty
pesos
for coastwise vessels, and two hundred pesos for overseas vessels;
chanrobles virtual law library
(2) Dumping
garbage or slops over the side in port, one hundred pesos;
chanrobles virtual law library
(3) Dumping
or causing to spread crude oil, kerosene or gasoline in the bay or at
the
piers while in port, two hundred pesos for each offense;
(4) Loading
gasoline at a place other than that designated by the regulations, four
hundred pesos for each offense.
Sec.
2530.Property Subject to Forfeiture
Under Tariff and Customs Laws. — Any vessel or aircraft, cargo,
articles
and other objects shall, under the following conditions, be subject to
forfeiture:
a. Any
vessel or aircraft, including cargo, which shall be used lawfully in
the
importation or exportation of articles into or from any Philippine port
or place except a port of entry; and any vessel which, being of less
than
thirty tons capacity shall be used in the importation of articles into
any Philippine port or place except into a port of the Sulu sea where
importation
in such vessel may be authorized by the Commissioner, with the approval
of the department head.
chanrobles virtual law library
b. Any
vessel engaging in the coastwise trade which shall have on board any
article
of foreign growth, product or manufacture in excess of the amount
necessary
for sea stores, without such article having been properly entered or
legally
imported.
chanrobles virtual law library
c. Any
vessel or aircraft into which shall be transferred cargo unladen
contrary
to law prior to the arrival of the importing vessel or aircraft at her
port of destination.
d. Any
part of the cargo of a vessel or aircraft arriving from a foreign port
which is unladen before arrival at the vessel's or aircraft's port of
destination
and without authority from the proper customs official; but such cargo
shall not be forfeited if such unlading was due to accident, stress of
weather or other necessity and is subsequently approved by the
Collector.
e. Any
article which is fraudulently concealed in or removed from any public
or
private warehouse under customs supervision.
f. Any
article of prohibited importation or exportation, the importation or
exportation
of which is effected or attempted contrary to law, and all other
articles
which, in the opinion of the Collector, have been used, are or were
intended
to be used as instrument in the importation or exportation of the
former.
g. Unmanifested
article found on any vessel or aircraft, if manifest therefor is
required.
h. Sea
stores or stores for aircraft adjudged by the Collector to be
excessive,
when the duties assessed by the Collector thereon are not paid or
secured
forthwith upon assessment of the same.
i. Any
package of imported article which is found by the examining official to
contain any article not specified in the invoice or entry, including
all
other packages purportedly containing imported articles similar to
those
declared in the invoice or entry to be the contents of the misdeclared
package, provided the Collector is of the opinion that the
misdeclaration
was caused with fraudulent intent.
j. Boxes,
cases, trunks, envelopes and other containers of whatever character
used
as receptacles or as devices to conceal article which is itself subject
to forfeiture under the customs and tariff laws or which is so designed
as to conceal the character of such article.
k. Any
beast actually being used for the conveyance of article subject to
forfeiture
under the customs and tariff laws with its equipage or trappings, and
any
vehicles similarly used, together with its equipage and appurtenances,
including the beast, team or other motive power drawing or propelling
the
same; but the forfeiture shall not be effected if it is established
that
the owner of the means of conveyance used as aforesaid or his agent in
charge thereof at the time, has no knowledge of the unlawful act.
l. Any
money or thing of value offered as a bribe or for the purpose of
exerting
improper influence over a customs official or employee.
m. Any
article sought to be imported or exported:
(1) Without
going through a customhouse, whether the act was consummated,
frustrated
or attempted;
chanrobles virtual law library
(2) By
failure to mention to a customs official, articles found in the baggage
of a person arriving from abroad.
chanrobles virtual law library
(3) On
the strength of a false declaration or affidavit executed by the owner,
importer, exporter or consignee concerning the importation or
exportation
of such article.
(4) On
the strength of a false invoice or other document executed by the
owner,
importer, exporter or consignee concerning the importation or
exportation
of such article.
(5) Through
any other fraudulent practice or device by means of which such articles
was entered through a customhouse to the prejudice of the
government.
Sec.
2531. Conditions Affecting Forfeiture
of Article. — As regards imported or exported article or articles
whereof
the importation or exportation is merely attempted, the forfeiture
shall
be effected only when and while the article is in the custody or within
the jurisdiction of the customs authorities or in the hands or subject
to the control of the importer, exporter, original owner, consignee,
agent
or other person effecting the importation, entry or exportation in
question,
or in the hands or subject to the control of some person who shall
receive,
conceal, buy, sell or transport the same or aid in any such acts, with
knowledge that the article was imported, or was the subject of an
attempt
at importation or exportation, contrary to law.
chanrobles virtual law library
Sec.
2532. Enforcement of Administrative
Fines and Forfeitures. — Administrative fines and forfeitures shall be
enforced by the seizure of the vessel or aircraft or other property
subject
to the fine or forfeiture and by subsequent proceedings in conformity
with
the provisions of Parts 2 and 3, Title VI, Book II, of this Code.
chanrobles virtual law library
Sec.
2533. Seizure of Vessel or Aircraft
for Delinquency of Owner or Officer. — When the owner, agent, master,
pilot
in command or other responsible officer of any vessel or aircraft
becomes
liable to be fined under the customs and tariff laws on account of a
delinquency
in the discharge of a duty imposed upon him with reference to the said
vessel or aircraft, the vessel or aircraft itself may be seized and
subjected
in an administrative proceeding for the satisfaction of the fine for
which
such person would have been liable.
chanrobles virtual law library
PART
5
DISPOSITION
OF PROPERTY IN CUSTOMS CUSTODY
chanrobles virtual law library
Sec.
2601. Property Subject to Sale.
— Property in customs custody shall be subject to sale under the
conditions
hereinafter provided:chanroblesvirtuallawlibrary
a. Abandoned
articles.
chanrobles virtual law library
b. Bonded
articles entered under warehousing entry not withdrawn nor the duties
and
taxes paid thereon within the period prescribed by law.
chanrobles virtual law library
c. Articles
for which import entry has been filed but have not been claimed within
fifteen days thereafter: Provided, That in justifiable cases, or when
public
interest so requires, the Collector may, in his discretion, grant an
extension
of not more than fifteen days.
d. Seized
property, other than contraband, after liability to sale shall have
been
established by proper administrative or judicial proceedings in
conformity
with the provisions of this Code.
e. Any
article subject to a valid lien for customs duties, taxes or other
charges
collectible by the Bureau of Customs, after the expiration of the
period
allowed for the satisfaction of the same.
Sec.
2602. Place of Sale or Other
Disposition of Property. — Property within the purview of this Part of
this Code shall be sold, or otherwise disposed of, upon the order of
the
Collector of the port where the property in question is found, unless
the
Commissioner shall direct its conveyance for such purpose to some other
port.
chanrobles virtual law library
Sec.
2603. Mode of Sale. — In the
absence of any special provision, property subject to sale by the
customs
authorities shall be sold at public auction after ten days' notice
conspicuously
posted at the port and such other advertisement as may appear to the
Collector
to be advisable in the particular case.
chanrobles virtual law library
Sec.
2604. Disqualification to Participate
in Auction Sale. — No customs official or employee shall be allowed to
bid directly or indirectly, in any customs auction.
Sec.
2605. Disposition of Proceeds.
— The following charges shall be paid from the proceeds of the sale in
the order named:
a. Expenses
of appraisal, advertisement and sale.
chanrobles virtual law library
b. Duties
except in the case of abandoned and forfeited articles.
chanrobles virtual law library
c. Taxes
and other charges due the Government.
d. Government
storage charges.
e. Arrastre
and private storage charges.
f. Freight,
lighterage or general average, on the voyage of importation, of which
due
notice shall have been given to the Collector.
Sec.
2606. Disposition of Surplus.
— Except in the case of the sale of abandoned or forfeited articles,
any
surplus remaining after the satisfaction of all lawful charges as
aforesaid
shall be paid by the Collector to the owner, if known, otherwise it
shall
be retained by him for ten days subject to the call of the owner. Upon
the failure of the owner to claim such surplus within this period, the
Collector shall deposit such amount with the Treasurer of the
Philippines
as a special deposit, to be paid to the proper claimant demanding the
same
within one year thereafter, upon such evidence and in such manner as
the
Auditor General shall prescribe.
chanrobles virtual law library
In
all such cases the Collector shall report fully his action in the
matter,
together with all the particulars, to the Commissioner and to the
Auditor
General. After one year all unclaimed special deposits shall be
considered
by the Bureau of Treasury as customs receipts.
chanrobles virtual law library
Sec.
2607. Disposition of Articles
Liable to Deterioration. — Perishable articles shall not be deposited
in
a bonded warehouse; and, if not immediately entered for export or for
transportation
from the vessel or aircraft in which imported or entered for
consumption
and the duties and taxes paid thereon, such articles may be sold at
auction,
after such public notice, not exceeding three days, as the necessities
of the case permit.
When
seizure shall be made of property which, in the opinion of the
Collector,
is liable to perish or be wasted or to depreciate greatly in value by
keeping,
or which cannot be kept without great disproportionate expense, whether
such property consists of live animals or of any article, the appraiser
shall so certify in his appraisal, then the Collector may proceed to
advertise
and sell the same at auction, upon notice as he shall deem to be
reasonable.
The
same disposition may be made of any warehouse article when in the
opinion
of the Collector it is likely that the cost of depreciation, damage,
leakage
or other causes, may so reduce its value as to be insufficient to pay
the
duties, taxes and other charges due thereon, if it should be permitted
to be so kept and be subjected to sale in the usual course.
Sec.
2608. Disposition of Articles
Unfit for Use or Sale or Injurious to Public Health. — When any
article,
which in the opinion of the Collector, is a menace to public health, is
seized or otherwise comes into the custody of the Bureau of Customs,
the
Collector of the port shall, if the matter is not disposable under the
provisions relating to food and drugs, appoint a board of three members
to examine the article. Whenever possible, one member shall be a
representative
of the Bureau of Health or the local health officer, and the two others
shall be responsible officials of the Bureau of Customs, at least one
of
whom shall be an appraiser. Such board shall examine said article, and
if the same is found to be unfit or a menace to the public health, the
board shall so report in writing to the Collector, who shall forthwith
order its destruction in such manner as the case may require.
Health
authorities at port of entry shall collaborate with the collectors in
such
matters with reasonable dispatch.
Sec.
2609. Disposition of Contraband.
— Articles of prohibited importation or exportation, known as
contraband,
shall, in the absence of special provision, be dealt with as
follows:
a. If
the article in question is highly dangerous to be kept or handled, it
shall
forthwith be destroyed.
chanrobles virtual law library
b. Contraband
coin or bullion shall accrue to the Stabilization Fund of the Central
Bank
subject to the payment of the expenses incident to seizure, including
the
reward to the informer, if any.
chanrobles virtual law library
c. Other
contraband of commercial value and capable of legitimate use may be
sold
under such restrictions as will insure its use for legitimate purposes
only; but if the thing is unfit for use or the Collector is of the
opinion
that, if sold it would be used for unlawful purposes, it may be
destroyed
in such manner as the Collector shall direct.
Sec.
2610. Disposition of Unsold Articles
for Want of Bidders. — When any article remains unsold for want of
bidders
or for lack of an acceptable bid, then the Collector shall, subject to
the approval of the department head, dispose of such article to the
best
advantage of the government in a private sale, and in case the same can
not be sold, then such articles shall be given to government charitable
institutions through the Social Welfare Administration.
chanrobles virtual law library
Sec.
2611. Disposition of Dangerous
Explosives. — Gunpowder or other dangerous or explosive substances,
except
firecrackers shall not be deposited in a bonded warehouse, and when not
entered for immediate use, transportation or export, shall be subject
to
such disposition, in the discretion of the department head, consistent
with the public safety.
chanrobles virtual law library
Expenses
incurred in such disposition shall constitute a lien on the articles
and
a charge against the owner.
.
Back
to Top
- Back
to Main Index
- Back
to Home
Copyright
1998-2006 by
ChanRobles
Publishing Company
All Rights Reserved
Since 19.07.98
|