Quantcast
Latest Stories

Cagayan car importers seek release of Port Irene cars

By

MANILA, Philippines—Used-car  importers in Cagayan Valley have asked Customs Commissioner Ruffy Biazon to allow the release of over 200 second-hand cars and vans that arrived on Monday, after the Supreme Court issued a ruling upholding a 2002 executive order banning the entry of second-hand car imports.

Jaime Vicente, the president of the Automotive Rebuilders’ Industry of Cagayan Valley, cited an executive order that then President Gloria Macapagal-Arroyo subsequently issued in 2005 that allowed such importation detailed the duties to be applied on second-hand motor vehicles.

In his letter to Biazon on Friday, Vicente said the Supreme Court  upheld with finality the constitutionality of Arroyo’s Executive Order No. 418 except the provision levying a P500,000 additional duty on each used car import over and above the regular tariffs under the customs code.

He added that government agencies concerned with the used car importation, including the Bureau of Customs, have been issued writs of execution to implement EO 418 as established in the case of Executive Secretary vs. Fenix (Ceza) International, Inc.

“The constitutionality of EO 418, except Section 2 thereof which imposes P500,000 in addition to regular duty for imported used motor vehicles, was upheld by the Supreme Court in the case of Executive Secretary vs. Fenix [Ceza] International, Inc., promulgated on November 15, 2010,” Vicente said.

Meanwhile, the spokesman of the administration’s Team PNoy, Rep Ben Evardone of Eastern Samar, said Biazon’s order stopping the release of the cars had nothing to do with politics and “everything to do with law enforcement.”

Evardone, a member of the ruling Liberal Party, made the statement amid insinuations that Biazon’s move was meant to discredit Senate President Juan Ponce Enrile, one of the leaders of the United Nationalist Alliance and main author of the Cagayan Economic Zone Authority charter.

“There should be no sacred cows, no special treatment in law enforcement. Is anyone complaining that we are enforcing the law? Is anyone suggesting that fighting smuggling is wrong?” Evardone said.

Vicente said the Supreme Court’s decision in the Fenix case was already final and executory and a writ of execution was issued to the Aparri regional trial court to execute the decision.

“Similar writs of execution directing the Bureau of Customs and the Cagayan Executive Zone Authority to obey the Fenix decision were issued,” Vicente said.

“It was in compliance with such writs of execution that the BOC, Ceza and [Land Transportation Office], allowed the importation by Fenix, which is valid and legal. We trust that you find the foregoing in order,” he added.

Vicente wrote Biazon after the customs chief ordered customs personnel in Port Irene to stop the release of more than 200 used cars and vans that arrived on Monday at the free port in Sta. Ana, Cagayan.

Biazon gave the order in connection with a ruling the Supreme Court rendered on Jan. 7. The January ruling lifted the injunction against the implementation of the EO 156 that Arroyo issue on Dec. 12, 2002 banning the importation of second-hand motor vehicles.

“Fenix made the importation of reported shipment by virtue of Executive Order 418 issued on April 4, 2005 which permits the importation of used motor vehicles and not Executive Order 156 (issued in 2002), which earlier banned the importation of used motor vehicles,” Vicente said in his letter to the Bureau of Customs.

Vicente said that Forerunner Multi Resources, Inc., the company involved in the case against the ban on used car importation, has, “in any case”, already stopped its importation of second-hand motor vehicles as early as January 2012 “in compliance with the temporary restraining order issued by the Supreme Court in a resolution dated Jan. 16, 2012.”

“I wish to correct the impression of some sectors in the media that our members are in defiance of the Supreme Court in as far as in the importation of used motor vehicles is concerned,” Vicente said.

Vicente added that the January 7, 2013 decision of the Supreme Court on Forerunner’s case against EO 156 was not final and executory.

“In fact, Forerunner already filed its motion for reconsideration on the said decision,” Vicente said.

Vicente claimed in his letter that the Jan. 7, 2013 decision upholding the ban on the importation of second-hand cars merely decided on the issue of preliminary injunction issued by the Court of Appeals on the implementation of EO 156.

“The Supreme Court decision was merely a decision on the issue of preliminary injunction and not on the main case which is still pending before the regional trial court of Aparri, Cagayan,” Vicente said.

“In other words, the decision dealt only with Forerunner’s legal right to seek preliminary injunctive relief. Thus, the main issue on Forerunner’s legal right to import used motor vehicles is yet to be finally resolved by the courts,” he added.


Follow Us

Follow us on Facebook Follow on Twitter Follow on Twitter


Recent Stories:

Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. About to step out? Get breaking alerts on your mobile.phone. Text ON INQ BREAKING to 4467, for Globe, Smart and Sun subscribers in the Philippines.

Tags: Business , Customs , News , Used-car Business




Copyright © 2014, .
To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:
c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City, Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94
Advertisement
  1. More legal woes for Cedric Lee
  2. Kim Henares needs a reprimand, says Cayetano
  3. Massive infra spending set
  4. OFW brings MERS virus to Philippines
  5. ‘No real progress in PH if dynasties not dismantled’
  6. Estrada, Gigi Reyes denied access to evidence from other respondents
  7. DOJ to NBI: Arrest Cedric Lee, 4 others
  8. Lacson’s wife loses diamond earring to thieves but recovers jewelry quickly with police arrest
  9. DOJ orders arrest of Cedric Lee
  10. Fr. Suarez says last Mass on Easter before returning donated land to San Miguel
  1. Suspect in Vhong Navarro mauling tries to leave PH
  2. MH370 co-pilot made mid-flight phone call – report
  3. Netizens cry: 6/55 Lotto was rigged
  4. I’ll follow my conscience on Estrada, says JV Ejercito
  5. ‘Wife of Jesus’ theory papyrus not fake – Harvard study
  6. Fr. Suarez says last Mass on Easter before returning donated land to San Miguel
  7. Gay college instructor arrested for oral sex with student
  8. ‘King’ Yabut and I: Driver bares Makati dad ‘abuses’
  9. It was difficult having Japanese blood
  10. Palace: We can’t blame increase in population on Vitangcol
  1. KL confirms Malaysian Airlines Flight MH370 ended in Indian Ocean
  2. MRT passengers pass the hat for 6-year-old Ashley
  3. Pork payoffs to newscasters Erwin Tulfo, Del Prado, others bared
  4. UP back on top as ‘average’ student aces bar
  5. Rookie, lady cops lauded for quick response to MOA heist
  6. Model Helena Belmonte wished ‘to slash her wrist and hope to die’
  7. Malaysia averts another air tragedy; pilot lands troubled plane safely
  8. Revilla says he was joking; Lacson stands by his story
  9. Revilla ‘consulted’ Lacson on how he evaded arrest
  10. Police rule out foul play in Helena Belmonte’s death as boyfriend is ‘traumatized’
Advertisement

News

  • 9 confirmed dead after ferry sinks off South Korean coast
  • Aquino to public: Learn to sacrifice
  • 20 killed as Islamic extremists rampage in Nigeria
  • Drug firm Novartis to help Leyte firefighter
  • Fears grow for hundreds missing in South Korea ferry capsize
  • Sports

  • Walker leads Bobcats over Bulls in OT, 91-86
  • Man City slips further out of title contention
  • Federer would skip tennis to be with wife, newborn
  • Manny Pacquiao in PBA? If so, he’ll wear No. 17
  • PSC sets Blu Girls US training
  • Lifestyle

  • Pro visual artists, lensmen to judge Pagcor’s photo contest
  • ‘Labahita a la bacalao’
  • This is not just a farm
  • Clams and garlic, softshell crab risotto–not your usual seafood fare for Holy Week
  • Moist, extra-tender blueberry muffins
  • Entertainment

  • American rapper cuts own penis, jumps off building
  • Jay Z to bring Made in America music fest to LA
  • Why Lucky has not bought an engagement ring for Angel
  • Derek more private with new girlfriend
  • ‘Community’ star happy with return of show’s creator
  • Business

  • Fired Yahoo exec gets $58M for 15 months of work
  • PH presses bid to keep rice import controls
  • PSEi continues to gain
  • Number of retrenched workers rose by 42% in ’13
  • PH seen to sustain rise in FDIs
  • Technology

  • DOF: Tagaytay, QC best at handling funds
  • Smart phone apps and sites perfect for the Holy Week
  • Tech company: Change passwords or suffer ‘Heartbleed’
  • Filling the digital talent gap
  • SSS to shut down website for Holy Week
  • Opinion

  • Editorial cartoon, April 17, 2014
  • A humbler Church
  • Deepest darkness
  • ‘Agnihotra’ for Earth’s health
  • It’s the Holy Week, time to think of others
  • Global Nation

  • Syria most dangerous country for journalists, PH 3rd—watchdog
  • Japan says visa-free entry still a plan
  • First Fil-Am elected to Sierra Madre, Calif. city council
  • UC Irvine cultural night to dramatize clash of values in immigrant family
  • Filipino sweets and info served at UC Berkeley Spring Fest
  • Marketplace
    Advertisement