Flores, Jaycel Joy M.

B-417

Brokers file graft charges vs BIR, BoC, Finance chiefs

Brokers filed graft charges against three government officials, including criminal and
administrative cases, for violation of Republic Act 9280, or the Customs Brokers Act of 2004 and
Section 3 of RA 3019 or the Anti-Graft and Corrupt Practices Act.
The complainants, who last Friday trooped to the Office of the Ombudsman, also sought the
immediate preventive suspension of Finance Secretary Cesar Purisima, Bureau of Internal
Revenue Commissioner Kim Henares and Bureau of Customs (BoC) Commissioner John Sevilla
during pendency of an administrative probe to prevent the accused from using their positions or
powers and prerogatives of their offices to influence potential witnesses or tamper with records
that may be vital in the prosecution of the charges against them.
They want also the three officials to be removed from their posts.
The 16 complainants are leaders of five organizations of brokers, namely Nilo Casas, Reynaldo
Soliman, Henry Villa, Felix Pica, Julito Ismael, Saturnino Galing, Ariel Nabagat and Ireneo Riberal
of Professional Customs Brokers Association of the Philippines Inc.; Armando Chan, Patrio Guasa
and Baltazar Ramirez of Aduana Business Club Inc.; Glenn Kaindoy of Customs Brokers
Association; Benjamin Valic and Bernardo Feliciano of Association of Aduana Brokers of the
Philippines Inc.; and Myrna Rebao and Benedicto Manuel of Customs Brokers Council of the
Philippines.
The brokers are assailing the memoranda respectively issued by Purisima, Henares and Sevilla
that, according to the complainants, the respondents bar, block, stop, impede and hinder them
from exercising their professions and from transacting with the Bureau of Customs
notwithstanding their faithful compliance with the requirement of RA 9280.
They said the memoranda of the three government officials violated the powers exclusively
vested upon the Professional Regulatory Board for Customs Brokers (PRBCB).
Henares, in a directive dated February 10, 2014 (Memorandum Order 10-2014), told brokers and
importers to secure an accreditation from the BIR under the guidleines, policies and procedures.
Each accreditation is pegged at P2,000.
This was followed by a memorandum coming from Purisima, dated May 14, 2014 (Department
Order 33-2014), which requires all brokers and importers to follow the directives coming from
the BIR and Bureau of Customs.
Then on May 22, 2014, Sevilla issued Commission Memorandum 11-2014 directing brokers to
subject themselves to profiling, also known as BOC-Client Profile Registration System, which
costs P1,000.
The profiling includes information on BIR certificate of registration, latest annual income tax
returns, latest mayors business permit, proof of ownership of the business address, latest utility
bills and even copies of official receipts.
The brokers said RA 9280 had expressly repealed sections 3401 to 3409 of the Tariff and
Customs Code of the Philippines in order to ensure that PRBCB alone could exercise the power
and functions vested upon it and avoid overlapping of functions among various government
agencies.
They added that brokers can transact business once they have passed the written examination
that entitles them to Customs brokers certificate and license.
The brokers cited the March 2013 ruling of a Manila court that nuliffied various memorandums of

Flores, Jaycel Joy M.

B-417
BoC and Finance department requiring the brokers to secure accreditation from the Customs
bureau.
Manila Regional Trial Court Branch 49, in its March 20, 2013 ruling, said in its dispositive portion
of the decision that the memorandums, all issued in year 2006, were inconsistent with RA 9280
and therefore null and void.
The court ruled that there is no need for Customs brokers to secure accreditation from BOC as
certificates and licenses issued by the Professional Regulation Commission are enough
requirements to allow brokers to transact business with the Customs bureau.