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Friday, January 23, 2004
Cars mess seen to reach court
By Elias O. Baquero & Garry Cabotaje
Sun.Star Staff Reporter
THE Bureau of Customs (BOC) Port of Cebu is planning to file a motion for intervention in court so it can take custody of the right-hand-drive (RHD) vehicles seized by the National Bureau of Investigation (NBI) 7 last Jan. 16.
“We are going to inform the court that BOC has exclusive jurisdiction over smuggling cases,” said Legal Officer James Edward Dy Buco.
NBI 7 Executive Officer Nelson Bartolome yesterday said they will only turn over the 25 sports utility vehicles (SUVs) if there’s a court order.
He was reacting to reports that Customs District Collector Billy Bibit issued a warrant seizure and detention apparently to gain jurisdiction over the seized units worth about P12 million.
Although he acknowledged that the anti-smuggling campaign is the primary jurisdiction of the BOC, nothing prevents the NBI 7 from enforcing Republic Act 8506, which bans the importation of RHD vehicles.
“It does not preclude us from enforcing the law especially if it’s outside the customs zone,” Bartolome said.
Meanwhile, Capt. Isidro Estrera tried to serve the warrant of seizure and detention at the house of spouses Sulpicio “Pat” Jao and Dalisay Jao on A.S. Fortuna St., Mandaue City, but no one wanted to receive it.
Estrera said they cannot serve the warrant on the NBI 7 because the bureau is only a custodian of the vehicles.
Under the Tariff and Customs Code and Supreme Court rulings, all law enforcement agencies must turn over all seized smuggled goods to the BOC within 72 hours, Dy Buco said.
“The Port of Cebu must possess the seized vehicles so we can initiate forfeiture proceedings,” he said.
The vehicles, placed in 15 container vans, arrived from Japan last November and were released the following month after customs duties and taxes were paid, the NBI 7 quoted Jao.
However, the NBI raided Jao’s warehouse last Jan. 16 after receiving reports that the SUVs were RHD vehicles.
Bartolome said Jao should file a motion to quash if he believes the search warrant they used was defective.
NBI 7 Director Reynaldo Esmeralda in a letter to District Collector Bibit dated Jan. 16 requested for copies of import declaration entry, certificate of payments of duties and taxes and other documents on the shipment.
Lawyer Rico Rey “Koko” Holganza, chief of the Customs Intelligence and Investigation Service, said they are still reviewing all the importations made by Jao to determine if these include RHD vehicles.
However, the Department of Justice (DOJ), in a legal opinion dated Oct. 1, 2002, said that RHD vehicles can be legally converted and sold.
Customs Commissioner Antonio Bernardo had sought the DOJ opinion regarding the disposal of seized RHD vehicles.
Conversion will remove the RHD vehicles from the coverage of RA 8506, which outlaws the importation, registration and operation of any vehicle with the steering wheel on the right side.
(January 23, 2004 issue)
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