“Fundamental of Customs and Tariff Management”

CAd 101

FUNDAMENTAL OF CUSTOMS AND TARIFF MANagement

CB Catherine T. Ysulat
 “Fundamental of Customs and Tariff Management”

MODULE 1

Module Introduction

This module provides definitions of terms that help the students to understand the different terminologist that
they can be encountered in every provision that will be discussed. The introduction will start with the
discussion of the definition of terms that will broaden the knowledge of the students. It will tackle also the
historical evolution of the Bureau of Customs.

Intended Learning Outcomes:

At the end of the module, the students should be able to:

1. Identify the different terminologist used in customs law:

2. Demonstrate the historical evolution of customs from Spanish period up to Republic: and

3. Discuss the definition of terms that used in every provisions.

 “Fundamental of Customs and Tariff Management”

Sec 102 - Definition of Terms.— As used in this Act:

(a) Abatement refers to the reduction or diminution, in whole or in part, of duties and taxes
where payment has not been made;

(b) Actual or Outright Exportation refers to the customs procedure applicable to goods which,
being in free circulation, leave the Philippine territory and are intended to remain permanently
outside it;

(c) Admission refers to the act of bringing imported goods directly or through transit into a free
zone;

(d) Airway Bill (AWB) refers to a transport document for airfreight used by airlines and
international freight forwarders which specify the holder or consignee of the bill who has the
right to claim delivery of the goods when they arrive at the port of destination. It is a contract of
carriage that includes carrier conditions, such as limits of liability and claims procedures. In
addition, it contains transport instructions to airlines and carriers, a description of the goods, and
applicable transportation charges;

(e) Appeal refers to the remedy by which a person who is aggrieved or adversely affected by any
action, decision, order, or omission of the Bureau, seeks redress before the Bureau, the Secretary
of Finance, or competent court, as the case may be;

(f) Assessment refers to the process of determining the amount of duties and taxes and other
charges due on imported and exported goods;

(g) Authorized Economic Operator (AEO) refers to the importer, exporter, customs broker,
forwarder, freight forwarder, transport provider, and any other entity duly accredited by the
Bureau based on the World Customs Organization (WCO) Framework of Standards to Secure
and Facilitate Global Trade, the Revised Kyoto Convention (RKC), the WCO Supply Chain
Management Guidelines and the various national best practices to promote trade facilitation and
to provide a seamless movement of goods across borders through secure international trade
supply chains with the use of risk management and modern technology;
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(h) Bill of Lading (B/L) refers to a transport document issued by shipping lines, carriers and
international freight forwarders or non-vessel operating common carrier for water-borne freight.
The holder or consignee of the bill has the right to claim delivery of the goods at the port of
destination. It is a contract of carriage that includes carrier conditions, such as limits of liability
and claims procedures. In addition, it contains transport instructions to shipping lines and
carriers, a description of the goods, and applicable transportation charges;

(i) Bureau refers to the Bureau of Customs;

(j) Carrier refers to the person, actually transporting goods or in charge of or responsible for the
operation of the means of transport such as airlines, shipping lines, freight forwarders, cargo
consolidators, non-vessel operating common carriers and other international transport operators;

(k) Clearance refers to the completion of customs and other government formalities necessary to
allow goods to enter for consumption, warehousing, transit or transshipment, or to be exported or
placed under another customs procedure;

(l) Commission refers to the Tariff Commission;

(m) Conditional Importation refers to the customs procedure known under the RKC as
temporary admission in which certain goods can be brought into a customs territory
conditionally relieved, totally or partially, from payment of import duties and taxes; such goods
must be imported for a specific purpose and must be intended for reexportation within a
specified period and without having undergone any substantial change except due to normal
depreciation;

(n) Customs Broker refers to any person who is a bona fide holder of a valid Certificate of
Registration/Professional Identification Card issued by the Professional Regulatory Board and
Professional Regulation Commission pursuant to Republic Act No. 9280, as amended, otherwise
known as the “Customs Brokers Act of 2004”;

(o) Customs Office refers to any customs administrative unit that is competent and authorized to
perform all or any of the functions enumerated under customs and tariff laws;
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(p) Customs Officer, as distinguished from a clerk or employee, refers to a person whose duty,
not being clerical or manual in nature, involves the exercise of discretion in performing the
function of the Bureau. It may also refer to an employee authorized to perform a specific
function of the Bureau as provided in this Act;

(q) Customs Territory refers to areas in the Philippines where customs and tariff laws may be
enforced;

(r) Entry refers to the act, documentation and process of bringing imported goods into the
customs territory, including goods coming from free zones;

(s) Exportation refers to the act, documentation, and process of bringing goods out of Philippine
territory;

(t) Export Declaration refers to a statement made in the manner prescribed by the Bureau and
other appropriate agencies, by which the persons concerned indicate the procedure to be
observed for taking out or causing to be taken out any exported goods and the particulars of
which the customs administration shall require;

(u) Flexible Clause refer to the power of the President upon recommendation of the National
Economic and Development Authority (NEDA): (1) to increase, reduce or remove existing
protective tariff rates of import duty, but in no case shall be higher than one hundred percent
(100%) ad valorem; (2) to establish import quota or to ban importation of any commodity as may
be necessary; and (3) to impose additional duty on all import not exceeding ten percent (10%) ad
valorem, whenever necessary;

(v) Foreign Exporter refers to one whose name appears on documentation attesting to the
export of the product to the Philippines regardless of the manufacturer's name in the invoice;

(w) Free Zone refers to special economic zones registered with the Philippine Economic Zone
Authority (PEZA) under Republic Act No. 7916, as amended, duly chartered or legislated special
economic zones and freeports such as Clark Freeport Zone; Poro Point Freeport Zone; John Hay
Special Economic Zone and Subic Bay Freeport Zone under Republic Act No. 7227, as amended
by Republic Act No. 9400; the Aurora Special Economic Zone under Republic Act No, 9490, as
amended; the Cagayan Special Economic Zone and Freeport under Republic Act No. 7922; the
 “Fundamental of Customs and Tariff Management”

Zamboanga City Special Economic Zone under Republic Act No. 7903; the Freeport Area of
Bataan under Republic Act No. 9728; and such other free ports as established or may be created
by law;

(x) Goods refer to articles, wares, merchandise and any other items which are subject of
importation or exportation;

(y) Goods Declaration refers to a statement made in the manner prescribed by the Bureau and
other appropriate agencies, by which the persons concerned indicate the procedure to be
observed in the application for the entry or admission of imported goods and the particulars of
which the customs administration shall require;

(z) Importation refers to the act of bringing in of goods from a foreign territory into Philippine
territory, whether for consumption, warehousing, or admission as defined in this Act;

(aa) Freight Forwarder refers to a local entity that acts as a cargo intermediary and facilitates
transport of goods on behalf of its client without assuming the role of a carrier, which can also
perform other forwarding services, such as booking cargo space, negotiating freight rates,
preparing documents, advancing freight payments, providing packing/crating, trucking and
warehousing, engaging as an agent/representative of a foreign non-vessel operating as a common
carrier/cargo consolidator named in a master bill of lading as consignee of a consolidated
shipment, and other related undertakings;

(bb) International Freight Forwarder refers to persons responsible for the assembly and
consolidation of shipments into single lot, and assuming, in most cases, the full responsibility for
the international transport of such shipment from point of receipt to the point of destination;

(cc) Jurisdictional Control refers to the power and rights of the Bureau in exercising
supervision and police authority over all seas within the jurisdiction of the Philippine territory
and over all coasts, ports, airports, harbors, bays, rivers and inland waters whether navigable or
not from the sea;

(dd) Lodgement refers to the registration of a goods declaration with the Bureau;
 “Fundamental of Customs and Tariff Management”

(ee) Non-Vessel Operating Common Carrier (NVOCC) refers to an entity, which may or may
not own or operate a vessel that provides a point-to-point service which may include several
modes of transport and/or undertakes group age of less container load (LCL) shipments and
issues the corresponding transport document;

(ff) Outright Smuggling refers to an act of importing goods into the country without complete
customs prescribed importation documents, or without being cleared by customs or other
regulatory government agencies, for the purpose of evading payment of prescribed taxes, duties
and other government charges;

(gg) Perishable Good refers to goods liable to perish or goods that depreciate greatly in value
while stored or which cannot be kept without great disproportionate expense, which may be
proceeded to, advertised and sold at auction upon notice if deemed reasonable;

(hh) Port of Entry refers to a domestic port open to both domestic and international trade,
including principal ports of entry and subports of entry. A principal port of entry is the chief port
of entry of the Customs District wherein it is situated and is the permanent station of the District
Collector of such port. Subports of entry are under the administrative jurisdiction of the District
Collector of the principal port of entry of the Customs District. Port of entry as used in this Act
shall include airport of entry;

(ii) Port of Discharge, also called Port of Unloading, refers to a place where a vessel, ship,
aircraft or train unloads its shipments, from where they will be dispatched to their respective
consignees;

(jj) Reexportation means exportation of goods which have been imported;

(kk) Release of Goods refers to the action by the Bureau to permit goods undergoing clearance
to be placed at the disposal of the party concerned;

(ll) Refund refers to the return, in whole or in part, of duties and taxes paid on goods;

(mm) Security refers to any form of guaranty, such as a surety bond, cash bond, standby letter of
credit or irrevocable letter of credit, which ensures the satisfaction of an obligation to the Bureau;
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(nn) Smuggling refers to the fraudulent act of importing any goods into the Philippines, or the
act of assisting in receiving, concealing, buying, selling, disposing or transporting such goods,
with full knowledge that the same has been fraudulently imported, or the fraudulent exportation
of goods. Goods referred to under this definition shall be known as smuggled goods;

a. Kinds of Smuggling:
1. “Outright Smuggling” refers to an act of importing goods into the country without
complete customs prescribed importation documents, or without being cleared by
customs or other regulatory government agencies, for the purpose of evading payment of
prescribed taxes, duties and other government charges;
2. “Technical Smuggling” refers to the act of importing goods into the country by means
of fraudulent, falsified or erroneous declaration of the goods to its nature, kind, quality,
quantity or weight, for the purpose of reducing or avoiding payment of prescribed taxes,
duties and other charges.

(oo) Taxes refer to all taxes, fees and charges imposed under this Act and the National Internal
Revenue Code (NIRC) of 1997, as amended, and collected by the Bureau;

(pp) Technical Smuggling refers to the act of importing goods into the country by means of
fraudulent, falsified or erroneous declaration of the goods to its nature, land, quality, quantity or
weight, for the purpose of reducing or avoiding payment of prescribed taxes, duties and other
charges;

(qq) Tentative Release refers to a case where the assessment is disputed and pending review, an
importer may put up a cash bond equivalent to the duties and taxes due on goods before the
importer can obtain the release of said goods;

(rr) Transit refers to the customs procedure under which goods, in its original form, are
transported under customs control from one customs office to another, or to a free zone;

(ss) Transshipment refers to the customs procedure under which goods are transferred under
customs control from the importing means of transport to the exporting means of transport within
the area of one customs office, which is the office of both importation and exportation;
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(tt) Traveler refers to any person who temporarily enters the territory of a country in which he or
she does not normally resides (non-resident), or who leaves that territory, and any person who
leaves the territory of a country in which he or she normally resides (departing resident) or who
returns to that territory (returning resident); and

(uu) Third Party refers to any person who deals directly with the Bureau, for and on behalf of
another person, relating to the importation, exportation, movement or storage of goods.

(vv) Vessels includes every sort of boat, craft or other artificial contrivances used, or capable of
being used, as means of transportation on water.
 “Fundamental of Customs and Tariff Management”

HISTORY OF THE BUREAU OF CUSTOMS

The Bureau of Customs (abbreviated BoC or BOC; Filipino: Kawanihan ng Adwana) is a

Philippine government agency under the Department of Finance. It is responsible for regulating
and facilitating trade, assessment and collecting import duties and taxes, combating illegal
trade and other forms of customs fraud, and devising and managing customs management
systems for trade facilitation.[1]

The Bureau of Customs was established on February 5, 1902 by the Insular Government, while
the Philippines was a possession of the United States.[2]

Historical records show that the customs service in the Philippines started many centuries back
long before it was discovered by the eastern and western expeditionaries. The Philippines had
already a flourishing trade with countries of Southeast Asia, but since money at that time was not
yet the medium of exchange, people then resorted to the barter system of commodities. The
rulers of the barangays were known as the datu or rajahs collected tributes from the people
before they were allowed to engage in their trade. The practice of collecting tributes became part
of their culture and was then observed and followed as the Customs Law of the Land.

The Spanish Regime

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After Spain had taken full control of almost all the trades of the country, it passed three
important statutes:

 Spanish Customs Law which was similar to that of the Indies enforced in the country
from 1582 to 1828. It was a concept of ad valorem levied on import and export.

 A Tariff Board was established which drew up a tariff of fixed values for all imported
articles on which ten percent (10%) ad valorem duty was uniformly collected.

 Another Tariff Law was introduced in 1891, which established the specific duties on all
imports and on certain exports and this lasted till the end of the Spanish rule in the
Philippines.

The American Regime

When the Americans came to the Philippines, the Military Government continued to enforce the
Spanish Tariff Code of 1891, which remained in effect until the Philippine Commission enacted
the Tariff Revision Law of 1901.

On October 24, 1900, the Philippine Commission passed Act No. 33 abolishing and changing the
position of Captain of the Port to Collector of Customs in all ports of entry except the Port of
Manila. The designation of the Captain of the Port in the Port of Manila was retained.

When the Civil Government was established in the Philippines, the most important laws passed
by the Philippine Commission were the following:

 Tariff Revision Law of 1902 based on the theory that the laws of Spain were not as
comprehensive as the American Customs Laws to conform with the existing conditions
of the country.

 Philippine Administrative Act No. 355 passed by the Philippine Commission on February
6, 1902. The full implementation of this Act, however, was considered inadequate and
incomplete, so the Customs Service Act No. 355, called the Philippine Customs Service
Act was passed to amend the previous laws. After several modifications and
amendments, the Philippine Customs Service finally became a practical counterpart of
the American Customs Service.
 “Fundamental of Customs and Tariff Management”

 Act No. 357 reorganized the Philippine Customs Service and officially designated the
Insular Collector of Customs as Collector of Customs for the Port of Manila.

 Act No. 625 abolished the Captain of the Port for the Port of Manila.

 Public Act No. 430 transformed the Philippine Customs Service to a Bureau of Customs
and Immigration under the supervision and control of the Department of Finance and
Justice.

When the Department of Justice became a separate office from the Department of Finance, the
customs service remained under the umbrella of the latter which set-up remained up to this time.

The Commonwealth Government

After the Commonwealth Government was established in the country, the Philippine Legislature
enacted Commonwealth Act No. 613 forming the Bureau of Immigration as a separate office
from the Bureau of Customs.

On May 1, 1947, the Bureau of Customs has as its head the Insular Collector of Customs. He
was assisted by the Deputy Insular Collector of Customs. Both officials were concurrently
Collector of Customs and the Deputy Collector of Customs of the Port of Manila. The Republic
Pursuant to the Executive Order No. 94 of Republic Act No. 52, the President of the Philippines
reorganized the different departments, bureaus, offices and agencies of the government of the
Republic of the Philippines. Consequently, the Insular Collector of Customs was changed to
Collector of Customs for the Port of Manila. The reorganization took effect on July 1, 1947.

In 1957, Congress enacted the Tariff and Customs Code of the Philippines known as Republic
Act No. 1937, otherwise known as the “Tariff Law of the Republic of the Philippines”. This took
effect on July 1, 1957. The passage of this act by the defunct Congress of the Philippines subject
to the provisions of the Laurel-Langley Agreement, became the first official expression of an
autonomous Philippine Tariff Policy.
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Before the passage of Republic Act 1937, all importations from the United States enjoyed full
exemptions pursuant to the Tariff Act No. 1902 which was adopted by Republic Act No. 3 as the
Tariff Laws of the Philippines.

The Republic

Pursuant to the Executive Order No. 94 of Republic Act No. 52, the President of the Philippines
reorganized the different departments, bureaus, offices and agencies of the government of the
Republic of the Philippines. Consequently, the Insular Collector of Customs was changed to
Collector of Customs for the Port of Manila. The reorganization took effect on July 1, 1947.

In 1957, Congress enacted the Tariff and Customs Code of the Philippines known as Republic
Act No. 1937, otherwise known as the “Tariff Law of the Republic of the Philippines”. This took
effect on July 1, 1957. The passage of this act by the defunct Congress of the Philippines subject
to the provisions of the Laurel-Langley Agreement, became the first official expression of an
autonomous Philippine Tariff Policy.

Before the passage of Republic Act 1937, all importations from the United States enjoyed full
exemptions pursuant to the Tariff Act No. 1902 which was adopted by Republic Act No. 3 as the
Tariff Laws of the Philippines.

End of Module Test.

Name:______________________ Section:_______________

Instructor:___________________ Date: _________________

 “Fundamental of Customs and Tariff Management”

I. Identification: Write the correct answer on the space provided. Avoid erasure!!!!

______________ 1. Refers to all taxes, fees and charges imposed under this Act and the
National Internal Revenue Code (NIRC), as amended, and collected by the Bureau.

______________ 2. Refers to a domestic port open to both domestic and international trade
including principal ports of entry and sub ports of entry.

______________ 3. Refers to the customs procedure applicable to goods which, being in

free circulation, leave the Philippine territory and are intended to remain permanently outside it;

______________ 4. Refers to the fraudulent act of importing any goods into the
Philippines, or the act of assisting in receiving, concealing, buying, selling, disposing or
transporting such goods, with full knowledge that the same has been fraudulently imported, or
the fraudulent exportation of goods.

______________ 5. Refers to goods liable to perish or goods that depreciate greatly in value
while stored or which cannot be kept without great disproportionate expense, which may be
proceeded to, advertised and sold at auction upon notice if deemed reasonable.

______________ 6. Refers to the act of bringing in of goods from a foreign territory into
Philippine territory, whether for consumption, warehousing, or admission as defined in this Act;

______________ 7. Refer to articles, wares, merchandise and any other items which are
subject of importation or exportation;

______________ 8. Refers to areas in the Philippines where customs and tariff laws may be
enforced;

______________ 9. Refers to the Bureau of Customs;

_____________ 10. Refers to the act of bringing imported goods directly or through transit
into a free zone;
 “Fundamental of Customs and Tariff Management”

II. Compare the historical evolution of Bureau of Customs from Spanish Regime, and American
Regime. (5 points each)

Spanish Regime American Regime

______________________________________________________________________________
_

References:

Textbook

1. Domondon A. et.al Guide to Tariff and Customs Laws, 1st edition, Central Book
Supply, Inc.: 2016
2. Dascil R.The Customs Modernization and Tariff Act (CMTA), 1st edition, Rex Book
Store.: 2016
 “Fundamental of Customs and Tariff Management”

bbBb
MODULE 2

Module Introduction

This module provides about the vision, mission, core values and organizational structures of the
Bureau of Customs. It also covers section 200 up to section 205. It will help the students to
enlighten their minds about the BOC.

Intended Learning Outcomes:

At the end of the module, the students should be able to:

1. Understand the importance of the organizational structure in the BOC;

2. Emphasize the VMC of the Bureau of Customs; and

3. Discuss the duties and responsibilities of the Commissioner of Customs.

[Type a quote from th
 “Fundamental of Customs and Tariff Management”

VISION

A modernized and efficient customs administration that every Filipino can trust and be proud
of.

MISSION

 To assess and collect lawful revenues efficiently

 To effectively curb illicit trade and all forms of customs fraud
 To facilitate trade in a secured manner
 To implement relevant technology for an efficient and effective customs management
aligned with international customs best practices
 To promote professionalism and integrity in the service

OPERATIONAL PLANS/ TACTICS

Guiding Principles:

 Commitment to the delivery of high quality services to our transacting public.

 Enhanced use of modern management techniques such as electronic transactions,
compliance audit and risk management.
 Focus on personnel as the driving force in the achievement of our missions.
 Consideration of relevant international instruments, conventions, agreements such as the
Revised Kyoto Convention and others promulgated by WCO,WTO,APEC ASEM and
ASEAN.

VALUES

Commitment as Customs Administrator

 Professionalism and Integrity

 Transparency and Accountability
 Consistency and Simplicity
 Vigilance and Dynamism
 Be responsible to the needs of the community and industry
 “Fundamental of Customs and Tariff Management”

Commitment as Customs Personnel

 Competent and Efficient

 Accountable and Responsible
 Honest and Dedicated
 Firm and Fair
 Helpful and Courteous
 Simple in lifestyle
 “Fundamental of Customs and Tariff Management”

Term
Name
Start End

Insular Collectors of the Port of Manila (1902-1946)

Morgan Anhister 1902 1916

J.S. Stanley 1916 1918

Vicente Aldenese 1918 1937

Guillermo Gomez 1937 1945

Melencio Fabros 1945 1946

Commissioners (1946–present)

Alfredo de Leon 1947 1950

Alfredo Jacinto 1950 1954

Jaime Velasquez 1954 1955

Manuel P. Manahan 1955 1957

Eleuterio Capapas 1957 1960

Timoteo Y. Aseron 1960

 “Fundamental of Customs and Tariff Management”

Eleuterio Capapas 1960 1961

Rolando G. Geotina 1961

Cesar Climaco 1962

Norberto Romualdez 1962 1963

Rodrigo D. Perez, Jr. 1963 1964

Jose Lingad 1964

Alfredo D. de Joya 1964 1965

Pablo C. Mariano 1965

Jacinto T. Gavino 1965 1966

Juan Ponce Enrile 1966 1968

Rolando G. Geotina 1968 1975

Alfredo Pio de Roda, Jr. 1975 1977

Ramon J. Farolan 1977 1986

Wigberto Tañada 1986 1987

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Alexander A. Padilla 1987

Salvador M. Mison 1987 1991

Tomas Apacible 1991 1992

Guillermo L. Parayno, Jr. 1992 1998

Pedro C. Mendoza, Jr. 1998

Nelson A. Tan 1998 1999

Renato A. Ampil 1999 2001

Titus V. Villanueva 2001 2002

Antonio M. Bernardo 2002 2004

George M. Jereos 2004 2005

Alberto D. Lina 2005

Alexander M. Arevalo July 2005 December 2005

Napoleon M. Morales January 2006 July 2010

Angelito A. Alvarez July 2010 September 2011

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Rozanno Rufino B. Biazon September 2011 2013

John Philip Sevilla December 2013 April 2015

Alberto D. Lina April 2015 June 30, 2016

Nicanor Faeldon[2] June 30, 2016 August 30, 2017

Isidro Lapeña August 30, 2017 October 31, 2018

Rey Leonardo Guerrero October 30, 2018 present

TITLE II

BUREAU OF CUSTOMS

SECTION 200. Chief Officials of the Bureau.— The Bureau shall be headed by a Commissioner
and shall be assisted by at least four (4) but not more than six (6) Deputy Commissioners.
The Commissioner shall be appointed by the President of the Philippines.

The Deputy Commissioners shall also be appointed by the President and at least majority of
whom shall come from the ranks of the Bureau
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The Bureau of Customs is headed by a Commissioner, who is responsible for the general
administration and management of the bureau. The Commissioner is assisted by six (6) Deputy
Commissioners and an Assistant Commissioner, who supervises the Internal Administration
Group, Revenue Collection Monitoring Group, Assessment and Operations Coordination Group,
Intelligence Group, Enforcement Group, Management Information System and Technology
Group and Post Clearance Audit Group.

 The Internal Administration Group (IAG) assists the Commissioner in the formulation of
policies and in the setting up of objectives relative to financial, administrative, personnel,
planning and management improvement services of the bureau. The Deputy Commissioner
for IAG represents the Commissioner in meetings and conferences; signs memorandum
circulars; and reviews official communications and documents relevant to internal
administration.
 The Revenue Collection Monitoring Group (RCMG) maintains an accounting of revenues
collected; administers the legal requirements of the bureau; provides information and
analysis of collection statistics; and audits liquidated entries and bonds.
 The Assessment and Operations Coordinating Group (AOCG) gathers and publishes of
values of commodities imported into the country; and monitors implementation of rules and
regulations governing assessment, end processing of goods for exports, warehousing and
support operations, and auction and disposal activities.
 The Intelligence Group (IG) gathers intelligence information related to customs and
economic activities; conducts internal inquiry and investigation; and exercises police
authority.
The Enforcement Group (EG) exercises police authority at all ports, taking charge of customs
border control, port security and communication, as well as inspection and monitoring of
cargoes.

 The Management Information System and Technology Group (MISTG) assumes direct
management and control of Information Technology facilities and responsible for overall
supervision of the different operating units.
 “Fundamental of Customs and Tariff Management”

 The Post Clearance Audit Group (PCAG) is headed by the Assistant Commissioner,
mandated to conduct final payment of duties and taxes or customs clearance, an audit
examination, inspection, verification and investigation of records pertaining to any goods
declaration, for the purpose of ascertaining the correctness of the goods declaration and
determining the liability of the importer of duties, taxes and other charges, including any fine
or penalty.

SEC. 201. Powers and Functions of the Commissioner. – The Commissioner shall have the
following powers and functions:

(a) Exclusive and original jurisdiction, to interpret the provisions of this Act, in collaboration
with other relevant government agencies, subject to review by the Secretary of Finance;

(b) Exercise any customs power, duties and functions, directly or indirectly;

(c) Review any action or decision of any customs officer performed pursuant to the provisions of
this Act;

(d) Review and decide disputed assessments and other matters related thereto, subject to review
by the Secretary of Finance and exclusive appellate jurisdiction of the Court of Tax Appeals
(CTA);

(e) Delegate the powers vested under this Act to any customs officer with the rank equivalent to
division chief or higher, except for the following powers and functions:

(1) Promulgation of rules and regulations;

(2) Issuance, revocation or modification of rulings; and

(3) Compromise or abate of customs obligations.

(f) Assignment or reassignment of any customs officer subject to the approval of the Secretary of
Finance: Provided, That District Collectors and other customs officers that perform assessment
functions shall not remain in the same area of assignment for more than three (3) years; and
 “Fundamental of Customs and Tariff Management”

(g) Perform all other duties and functions as may be necessary for the effective implementation
of this Act and other customs related laws.

SEC. 202. Functions of the Bureau. – The Bureau shall exercise the following duties and
functions:

(a) Assessment and collection of customs revenues from imported goods and other dues, fees,
charges, fines and penalties accruing under this Act;

(b) Simplification and harmonization of customs procedures to facilitate movement of goods in

international trade;

(c) Border control to prevent entry of smuggled goods;

(d) Prevention and suppression of smuggling and other customs fraud;

(e) Facilitation and security of international trade and commerce through an informed
compliance program

(f) Supervision and control over the entrance and clearance of vessels and aircraft engaged in
foreign commerce;

(g) Supervision and control over the handling of foreign mails arriving in the Philippines for the
purpose of collecting revenues and preventing the entry of contraband;

(h) Supervision and control on all import and export cargoes, landed or stored in piers, airports,
terminal facilities, including container yards and freight stations for the protection of government
revenue and prevention of entry of contraband;

(i) Conduct a compensation study with the end view of developing and recommending to the
President a competitive compensation and remuneration system to attract and retain highly
qualified personnel, while ensuring that the Bureau remains financially sound and sustainable;
 “Fundamental of Customs and Tariff Management”

(j) Exercise of exclusive original jurisdiction over forfeiture cases under this Act; and

(k) Enforcement of this Act and all other laws, rules and regulations related to customs
administration.

SEC. 203. Annual Report of the Commissioner. – The Commissioner shall submit to the
President, the Congress of the Philippines and the NEDA an annual report on the performance of
the Bureau, on or before March 31 of the following year.

SEC. 204. Promulgation of Rules and Regulations. – The Commissioner, subject to the
approval of the Secretary of Finance, shall promulgate rules and regulations for the enforcement
of this Act. The Commissioner shall regularly prepare and publish an updated customs manual,
and the rules, regulations and decisions of the Bureau. The Commissioner shall furnish the
Congress of the Philippines, the NEDA and the Tariff Commission with electronic copies of
department orders, administrative orders, circulars, and rules and regulations promulgated
pursuant to this Act.

 Customs Administrative Orders (CAO)

Issuances which are more of policy statements or implementing rules of a law and
require approval of the Secretary of Finance. They require publication in the Official
Gazette or in a newspaper of general circulation in order to be effective because the
public in general is affected by the issuances.
 Customs Memorandum Orders (CMO)
They supply the operational details of CAO’s and do not require the approval of the
Secretary of Finance and publication in order to be effective. This is because they are
merely for the guidance of the subordinate customs personnel.
 Customs Memorandum Circulars (CMC)
Which circularize laws, rules and regulations for the information of customs officials
and employees as well as the general public transacting with Customs.
Example:
a. Supreme Court decision
b. Civil Service Commissioner regulations
 “Fundamental of Customs and Tariff Management”

c. COMELEC circular on hiring ban due to an election etc.

 Customs Tariff Decision Circulars (CTDCs)
Which circularize Bureau of Customs or Tariff Commission ruling.

SEC. 205. Copies of Goods Declaration. – The Commissioner shall regularly furnish the NEDA,
the Philippine Statistics Authority (PSA), the Bureau of Internal Revenue (BIR.) and the Tariff
Commission electronic copies of all customs goods declaration processed and cleared by the
Bureau.

Upon request, the Tariff Commission shall have access to, and the right to be furnished with
copies of liquidated goods declaration and other documents supporting the goods declaration as
finally filed in the Commission on Audit (COA).

For this purpose, the Bureau shall maintain electronic records of goods declaration and other
documents supporting the declaration.

______________________________________________________________________________
_
End of Module Test

Name: _____________________ Section:________________

Instructor:___________________ Date:_______________

I. Explain how the following can be manifested by the customs personnel/ administrators.

A. Commitment as Customs Personnel

1. Competent and Efficient

 “Fundamental of Customs and Tariff Management”

2. Accountable and Responsible

3. Honest and Dedicated

4. Firm and Fair

5. Helpful and Courteous

B. Commitment as Customs Administrator

1. Professionalism and Integrity

2. Transparency and Accountability

3. Consistency and Simplicity

4. Vigilance and Dynamism

5. Be responsible to the needs of the community and industry

 “Fundamental of Customs and Tariff Management”

II. Matching Type: Write the letter of the correct answer on the left side of each number. Avoid
erasure!!!

Column A Column B

1. Alfredo de Leon a. 1987 - 1991

2. Salvador M. Mison b. 1998 - 1999
3. Guillermo L. Parayno, Jr. c. 2005
4. Nelson A. Tan d. April 2015 - June 30, 2016
5. Titus V. Villanueva e. October 31, 2018 present
6. Alberto D. Lina f. August 30, 2017-October 31, 2018
7. Napoleon M. Morales g. January 2006 - July 2010
8. Alberto D. Lina h. 2001 - 2002
9. Isidro Lapeña i. 1992 - 1998
10. Rey Leonardo Guerrero j. 1947 - 1950

III. Essay: (15 points)

1. If you will be the Commissioner of Customs, what rules and regulations will you implement in
order to avoid corruptions within the Bureau of Customs?

References

Textbook

1 .Domondon A. et.al Guide to Tariff and Customs Laws, 1st edition, Central
Book Supply, Inc.: 2016
2. Dascil R.The Customs Modernization and Tariff Act (CMTA), 1st edition,
Rex Book Store.: 2016

Online Source

https://en.wikipedia.org/wiki/Bureau_of_Customs