Senate sets hearing on smuggling, etc.

THE Senate is to convene itself as a ‘Committee of the Whole’ to investigate anew the issue of smuggling and other customs-related issues, including the continued non-implementation of a computerization project that has been upheld by the court more than six years ago.

Based on the Senate calendar, the hearing shall be held this Tuesday, December 14, 2021, with top Bureau of Customs (BOC) officials headed by Comm. Rey Leonardo Guerrero, expected to attend as resource persons.

However, the Senate appears to be putting the BOC on the spot over issues that has nothing to do with its mandate and authority but with other government agencies, as shown in the privilege speech delivered last week by Senate President Vicente Sotto III and which triggered the investigation.

During his speech, Sotto claimed that it was the “legitimate importers” who continue to suffer from the “slow and corrupt process” still allegedly prevailing at the waterfront, particularly mentioning the trucking booking system, ‘TABS’ (Terminal Appointment Booking System).

“Mr. President, kung sino pa ‘yung mga legitimate importers na sumusunod sa proseso, sila pa ang naiipit sa mabagal at corrupt na proseso.

“Sila pa ang hindi nakakakuha ng slot sa Terminal Appointment Booking System, which causes costly delays and undue penalties while the smugglers are well taken care of by their contacts in the Bureau of Customs,” Sotto said.

He added the investigation is part of the chamber’s oversight function in looking at the allegation, further adding that it is not only the COVID-19 pandemic that is the country’s main problem but also, corruption.

It can be recalled that last November 22, 2021, the 10,000-strong Confederation of Truckers Association of the Philippines (CTAP), staged a 4-day strike or ‘rest day,’ to protest, among other issues, the continuation of the TABS (see also Pinoy Exposé November 22, 2021).

TABS, however, is not under the BOC but that of the Philippines Ports Authority (PPA).

During the strike however, CTAP officials headed by Mary Zapata, never blamed the BOC for the problems related to TABS but the PPA and the International Container Terminal Services, Inc. (ICTSI), the private operator and TABS implementer at the Manila International Container Port (MICP).

TABS is a privately-operated trucking booking system first implemented in 2014 under the Aquino administration at the MICP and the Port of Manila. It is under the regulatory function and supervision of the PPA.

Sen. Grace Poe, during her interpellation of Sotto, added she also wants the issue of the non-implementation of a customs computerization project despite being upheld by the court more than 6 six years ago, claiming she received a complaint from the project proponent.

Poe was referring to the joint venture of Omniprime Marketing and Intrasoft International, which won the bidding in early 2015 for the modernization of the bureau’s assessment computer system that was first installed during the Ramos administration with the support from the World Bank.

However, when Alberto Lina became customs commissioner in April of the same year, Lina decided to junk the result of the bidding and junk the entire project.

The rejection by Lina resulted to a long court litigation that reach the Supreme Court, which, in June 2018, ruled in favor of the JV.

Subsequently last January 6, 2021, Branch 47 of the Manila Regional Trial Court issued a writ of execution ordering the BOC and the Procurement Service, Department of Budget and Management (PS-DBM), which conducted the bidding in 2015, to proceed with the project (see also Pinoy Exposé, November 8, 2021).

However, during the hearing last December 6, 2021, it was found out that the BOC has no project contract to implement as the entire bidding process has not been completed up to now.

It also turned out that what the court ruled in favor of the JV refers to affirming their winning the project bidding. However, the ‘post-qualification stage’ of the bidding and the notice of award and contract has not been completed by the PS-DBM (see also, Pinoy Exposé, December 6, 2021).

Expectedly, Guerrero is also to be grilled on the issue of the continued smuggling of agricultural and meat products where most of those being apprehended are already found inside the consignees’ warehouses.

However, existing protocols between the bureau and the Department of Agriculture (DA) calls for the immediate release of these products in order to facilitate trade and de-clog the container yards of overstaying containers.

The DA is then expected to provide the necessary import permit during the next round of inspection at the warehouses to prove these products have been legally imported.

In the absence of the DA permit, the products are then deemed smuggled and confiscated in favor of the government.