Amending Section 2307 Of The Tariff And Customs Code Of The Philippines, As Amended

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Amending Section 2307 Of The Tariff And Customs Code Of The Philippines, As Amended

Executive Order No. 38

August 6, 1986

Case Overview and Summary

Summary of Executive Order No. 38

Amending Section 2307 of the Tariff and Customs Code of the Philippines

- Empowers the District Collector of Customs to settle seizure cases, subject to the approval of the Commissioner (Section 1).
- Allows the District Collector to accept settlement of any seizure case, except when there is fraud, by:
    - Imposing a fine on the property, ranging from 20% to 80% of the landed cost for imported articles or the F.O.B. value for exported articles (Section 1).
    - Allowing the owner, importer, exporter, or consignee to pay the domestic market value of the seized article in case of forfeiture (Section 1).
- Upon payment of the fine or domestic market value, the property shall be released, and all liabilities related to the seizure shall be discharged (Section 1).
- Settlement by payment of fine or redemption of forfeited property is not allowed in cases where:
    - The importation is absolutely prohibited (Section 1).
    - The release of the property would be contrary to law (Section 1).
- Repeals or modifies all laws, rules, regulations, issuances, or parts thereof inconsistent with this Executive Order (Section 2).
- Takes effect immediately (Section 3).

Amends

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Executive Issuances

Executive Orders

Tariff and Customs Code

seizure cases

District Collector of Customs

settlement

fine

forfeiture

redemption

importation

exportation

prohibited

contrary to law

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Amending Section 2307 Of The Tariff And Customs Code Of The Philippines, As Amended

Executive Order No. 38

August 6, 1986

EXECUTIVE ORDER NO. 38 August 6, 1986 AMENDING SECTION 2307 OF THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED WHEREAS, in conformity with the present administration's thrust to increase and accelerate revenue collection, there is a need to empower the District Collector of Customs to settle seizure cases which will expedite the collection of revenue and hasten the release of cargoes under seizure proceedings; WHEREAS, the authority given to the District Collector of Customs in Seizure cases, subject to the approval of the Commissioner, will benefit importers and exporters in the form of reduction in expenditures and the assurance of the return of their investments which have been tied up with their importations. NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby order: Sec. 1. SECTION 2307 of the Tariff and Customs Code of the Philippines is hereby amended to read as follows: "Sec. 2307. Settlement of Case by Payment of fine of Redemption of Forfeited Property. Subject to approval of the Commissioner, the district collector may while the case...
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Amending Section 2307 Of The Tariff And Customs Code Of The Philippines, As Amended

Amends

n/a

Amended by

n/a

Tags

Executive Issuances

Executive Orders

Tariff and Customs Code

seizure cases

District Collector of Customs

settlement

fine

forfeiture

redemption

importation

exportation

prohibited

contrary to law

EXECUTIVE ORDER NO. 38 August 6, 1986 AMENDING SECTION 2307 OF THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED WHEREAS, in conformity with the present administration's thrust to increase and accelerate revenue collection, there is a need to empower the District Collector of Customs to settle seizure cases which will expedite the collection of revenue and hasten the release of cargoes under seizure proceedings; WHEREAS, the authority given to the District Collector of Customs in Seizure cases, subject to the approval of the Commissioner, will benefit importers and exporters in the form of reduction in expenditures and the assurance of the return of their investments which have been tied up with their importations. NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby order: Sec. 1. SECTION 2307 of the Tariff and Customs Code of the Philippines is hereby amended to read as follows: "Sec. 2307. Settlement of Case by Payment of fine of Redemption of Forfeited Property. Subject to approval of the Commissioner, the district collector may while the case...
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Amending Section 2307 Of The Tariff And Customs Code Of The Philippines, As Amended