Manila court voids additional requirements for customs brokers

MANILA, Philippines - The Manila regional trial court (RTC) has voided orders issued by the Bureau of Customs (BOC), which is under the Department of Finance (DOF), which set additional requirements for customs brokers to practice their profession.

In a decision dated March 20, Branch 49 Judge Daniel Villanueva said the BOC exceeded its authority when it issued in 2008 several administrative and memorandum orders that provided the implementing rules and regulations (IRR) for Republic Act 9280, the Customs Brokers Act of 2004.

He explained that RA 9280 repealed the Tariff and Customs Code’s provisions affecting customs brokers and the BOC and the DOF lost their authority to “regulate the profession, if there was any.”

Villanueva also ruled that the provisions of the IRR issued by the Professional Regulatory Board on Customs Brokers are also void as they are inconsistent and not found in RA 9280.

While RA 9280 set only three requirements for customs brokers to practice their profession – a Professional Regulation Commission identification card, a PRC professional tax receipt and a certificate of registration – the IRR required customs brokers to pay a fidelity bond and P1,300 accreditation fee as well as submit their financial statements and clearances from the National Bureau of Investigation, the Social Security System and each department of the BOC before they can renew their license.

The petition for injunction granted by Villanueva was filed by the Professional Customs Brokers Association of the Philippines, whose officials said the orders deeply affected them since they set too many time-consuming and costly requirements.