DOJ backs Senate bill on smuggling as economic sabotage

Justice Secretary Leila de Lima: Timely INQUIRER PHOTO / NINO JESUS ORBETA

MANILA, Philippines–The Department of Justice (DOJ) has thrown its support behind a Senate bill that would redefine smuggling as a form of economic sabotage and impose heavier penalties on offenders.

In a letter to Sen. Juan Edgardo Angara, ways and means committee chair, Justice Secretary Leila de Lima said she believed the measure amending Presidential Decree No. 1464, or the 1978 Tariff and Customs Code of the Philippines, was timely.

“This department recognizes that our country is in need of a new tariff and customs law that will be responsive to the demands of modern trade and commerce and, in particular, address the problem of rampant smuggling of goods, which not only hampers the businesses of legitimate importers, but greatly contributes to economic instability,” said De Lima in her letter dated Sept. 5 but released to the media only last week.

The bill, filed in August by Sen. Grace Poe, defines any form of smuggling—involving goods with an aggregate value of P1 million—as economic sabotage.

Years behind bars

The measure lists higher penalties for economic sabotage through unlawful importation and other fraudulent practices against customs revenue. These are a fine equal to the aggregate amount of taxes, duties and other charges avoided; imprisonment for a minimum of eight years and one day to life; and confiscation of the articles involved.

If the violator is a juridical entity, the penalty of imprisonment shall be imposed on the president and responsible officers. In addition, the business permits and licenses of the entity shall be revoked or canceled.

The broker of the violator of this provision shall also be prosecuted and punished as a principal.

During trial, when the defendant is shown to have or to have had possession of the article in question, such possession shall be deemed sufficient evidence to authorize conviction, unless the defendant can explain the possession to the satisfaction of the court.

De Lima said that Congress, in the exercise of its plenary power to legislate, should impose the maximum penalty.

“[G]iven the gravity of the offense and its effect and implication on the economy, we believe the proposed penalties imposed are too light and do not appropriately correspond to the offenses committed. We suggest that if the crime falls within the category of economic sabotage, the offender should be meted out the maximum penalty of life imprisonment or reclusion perpetua,” De Lima said.