Members of a House committee on Sunday criticized the Bureau of Customs for its failure to act on the smuggling of firecrackers and pyrotechnic products which continued to proliferate ahead of the holiday season.
The House committee on public order and safety stressed that the smuggling of firecrackers not only affects the local manufacturing industry but also poses health and safety problems because the imported items are not being subjected to safety and quality standards inspections.
During the recent hearing of the committee chaired by Rep. Romeo M. Acop of Antipolo City, Rep. Arnolfo “Arnie” A. Teves Jr. of Negros Oriental asked if it is the Philippine National Police or the BoC which should be held accountable so the people would know who they will contact whenever they see imported firecrackers being sold.
Teves expressed the belief the BoC should be held accountable because imported firecrackers are considered illegal, hence, those being sold in the country were smuggled.
“If nobody will be held accountable, these illegal products would continue to proliferate,” said Teves.
Teves said it was his first time to know during the course of the committee hearing that the importation of firecrackers is illegal.
Acop said the first line of defense, in so far as smuggled items are concerned, is the BoC.
Acop, a lawyer and a former director of the PNP Criminal Investigation and Detection Group said that any law enforcement agency, and pursuant to special laws wherein deputation is needed, the PNP and the National Bureau of Investigation can operate against the smuggled items.
“That is the general rule as far as the law enforcement agencies are concerned,” said Acop.
Acop then moved to include the BoC in the committee’s technical working group that will consolidate all five proposals to regulate the manufacture, sale, distribution, and use of firecrackers.
Deputy Speaker Gwendolyn “Gwen” Garcia of Cebu said that based on the Joint Memorandum Circular, which enjoins the Department of the Interior and Local Government, Philippine National Police, Armed Forces of the Philippines, departments of Health, of Trade and Industry, and of Finance along with BoC, and local government units in so far as the confiscation of smuggled firecrackers are concerned, it is the DTI that is tasked to seized the illegal items and charge the importer or trader.
“Per Section 3.8.2 of the Joint Memorandum Circular, on cases of imported fireworks and firecrackers being seen in the local market, the DTI will cause the confiscation of the said products and issue formal charges against the trader or importer,” said Garcia.
Teves said the PNP should help in the confiscation of the illegal items because the DTI may not have enough personnel to undertake such responsibility.
Rep. Arthur R. Defensor of Iloilo said the imported firecrackers can be confiscated on the spot because these are considered illegal.
Defensor said under the existing law, the importation of firecrackers is prohibited, and yet the people see the proliferation of these items. “What must be done is to improve the quality of locally manufactured firecrackers and export them instead of buying smuggled ones,” said Defensor.
Jovenson Ong, president of the Philippine Fireworks Association, said based on a DoH report, 57 percent of firecracker-related injuries are due to smuggled firecrackers which are of poor quality and hence, unsafe. He urged the government to stop the smuggling of firecrackers to save the people from harm.
Ong said it is difficult to trace smugglers of firecrackers because when they order those items abroad, they instruct the foreign producers to mark the articles with “Made in the Philippines.”
Ong said the government should protect the local manufacturers from smugglers who do not pay taxes. He further said their company is already in the process of applying for a permit to export to the US. “We should be proud because we have the technology here.”
Police Chief Supt. Hawthorne Binag, head of the Firearms and Explosives Office, said that for the past two years, the confiscation of smuggled firecrackers and pyrotechnic has raised the cost or amount of the items. These include illegal possession, use, and sale of firecrackers and pyrotechnics. From P500,000 plus in 2014, the amount hit P1.3 million in 2015.
Binag also said the PNP does not allow just any policeman to confiscate smuggled firecrackers because there were cases of abuse in the past.
Binag said the PNP is finding it difficult to seize alleged imported products because they are marked “Made in the Philippines.” “So it is really important for the DTI and the BOC to work closely together in order to seize the smuggled firecrackers,” said Binag.