Several groups of Customs brokers have asked the Office of the Ombudsman to rule on the merits of criminal and administrative complaints filed against Department of Finance Secretary Cesar Purisima, Internal Revenue Commissioner Kim Henares and former Customs Commissioner John Sevilla for imposing requirements for accreditation beyond what was required by law.
In a motion for reconsideration, the complainants—the Professional Customs Brokers Association of the Philippines, Association of Aduana Brokers of the Philippines, Aduana Business Club, VisMin Customs Brokers Association Inc. and the Customs Brokers Council, Philippines said the Ombudsman issued a “fatally defective” resolution in the dismissal of their original complaint for lack of jurisdiction.
The Ombudsman ruling signed by graft investigation and prosecution officer III Mary Rawnsle Lopez cited a pending case at the Manila City Regional Trial Court questioning the same administrative orders issued
by the DoF, BIR and BoC in 2014, the subject of the complaint against Purisima, Henares and Sevilla.
Lopez held that unless the court declares the assailed orders to be invalid, they were presumed to be enforceable and effective hence the Ombudsman could not pass upon the question of validity raised in the complaint.
The questioned executive issuances were Memorandum Order No. 10-2014 dated Feb. 10, 2014 issued by Henares; Department Order No. 18-2014 and Department Order No. 33-2014 issued by Purisima; and Customs Memorandum Order No. 11-2014.
The group said the government orders prevented them from exercising their profession as customs brokers and from transacting with BoC due to imposition of additional certifications and accreditation other than those specifically provided under RA 9280 or the Customs Brokers Act of 2004.
The complainants sought the criminal indictment of government officials for violation of RA 3019 or the Anti-Graft and Corrupt Practices Act, RAs 9280 and 9485 or the Anti-Red Tape Act of 2007.