Auctioneers’ lawyer clarifies report on imported used vehicles

A lawyer of the Association of Philippine Auctioneers (APA) clarified yesterday an erroneous report warning the public about the so-called impending implementation of an executive order requiring owners of imported used vehicles to submit additional documents on tax payments before they can register their vehicles with the Land Transportation Office.

APA, through its lawyer Estanislao L. Cesa Jr., clarified that the news item is misleading to the public because there is already an existing writ of preliminary injunction issued against the implementation of Executive Order No. 142.

"This writ is in effect... The case covers not only the imported motor vehicles purchased from auction sales but also from other legitimate sources," Cesa said.

Cesa said the case in which the writ was issued seeks to declare Executive Order No. 142 unconstitutional, being an ex post facto law, which is forbidden under Article III, Section 22, of the Constitution.

He also assured the public that because of the injunction, owners of used vehicles can still renew the registration of their vehicles without submitting additional documents.

The injunction issued by Olongapo Regional Trial Court Branch 72 Judge Eliodoro G. Ubiadas has stopped the executive secretary together with the Department of Finance and the Department of Transportation and Communications from implementing Executive Order 142 and its implementing Joint Department Order No. 2002-82 and Department Order No. 79-2002.

Ubiadas clarified that he was particularly concerned on the effect of Section 1603 of the Tariff and Customs Code on the requirement of payment of additional duties and taxes after one year from the final settlement and payment of such duties.

"Payment of such duties where the said Sec. 1603 provides that such final settlement is final and conclusive upon all parties in the absence of fraud or protest," Ubiadas said.

He said that fraud cannot be presumed by the issuance of EO 142 and its implementing rules and regulations, saying that it runs counter to the principle of presumption of regularity in the performance of official duties and functions of public officials.