The Bureau of Customs (BOC) filed smuggling-related complaints against the owner of Medaglia De Oro Trading and nine Licensed Customs Brokers for importing rice without the required import permit from the National Food Authority (NFA). The move is part of the agency’s drive to thwart the illegal entry of imported rice into the country.
Four separate complaints were filed by BOC Acting District Collectors Mario Mendoza of the Port of Manila; Roberto Almadin of the Port of Cebu; Ricardo Butalid, Jr. of the Port of Davao; and Datu Samson Pacasum of the Mindanao Container Terminal in Misamis Oriental against Emmanuel Santos, owner and proprietor of Medaglia De Oro, along with the firm’s customs brokers: Denise Kathryn Rosaroso, Raquel Sildora Cabasag, Emilio Chio, Myrene Noynay Sollano, Gemma Garcia, Melvin Isagan, John Kevin Cisneros, Eduardo Borje III, and Kenneth Quial. A fifth case against Medaglia De Oro will be filed by BOC Acting District Collector Elmir Dela Cruz of the Manila International Container Port On Friday(November 14) against Santos and customs brokers Rosemarie Sangalang Arciaga And Baltazar Ramirez. The charges stem from rice importations of Medaglia De Oro totaling over 16.039 Metric Tons (more than 16.039-Million kilograms) from Thailand and Singapore in July and August 2013 through Manila, Cebu, Davao and Misamis Oriental. The firm’s rice imports have a total dutiable value of more than P205-Million and an estimated market value of over P641-Million.
The 12 face multiple counts of violating Section 3601 of the Tariff and Customs Code of the Philippines (TCCP) and Section 29 of Presidential Decree (PD) Number 4, as amended by P.D. No. 1485. Each count of violating Section 3601 of the TCCP carries a maximum punishment of ten years imprisonment and a fine of P50,000; while violation of P.D. No. 4 is levied a maximum penalty of four years imprisonment and a fine of P8,000.00 per count.
Medaglia De Oro earlier told the NFA that private importers can import rice without securing a permit, citing the expiration of quantitative restrictions on rice imports to the Philippines under the World Trade Organization in 2012. However, Philippine laws state that only the NFA can import rice, mandating public companies who wish to do the same to secure from the NFA the import permit. The NFA regulates rice imports through quotas, preventing excessive and unquantifiable amounts of rice, to ensure fair competition and viability of the local rice industry.
Based on records of the NFA, Medaglia De Oro neither applied nor was granted any import permit or allocated import quota.
“Rice is a regulated commodity not only because it is our staple food but also a source of livelihood for 2.4-Million farming households. Any sudden surges in imported rice would have catastrophic consequences on millions of farmers and our agriculture industry. It is for these reasons why the Philippine government has been requesting for special treatment of rice imports under the WTO for the past several years,” said Customs Commissioner John P. Sevilla.
In 2013, the Department of Agriculture reported 96% rice sufficiency of the country, equivalent to 18.44-Million metric tons.
SUMMARY OF THE CASES
IMPORTER
Medaglia De Oro Trading
DATE AND PORT OF COMMISSION
August 2013/ Port of Manila
RESPONDENTS
• EMMANUEL SANTOS, owner/proprietor, with address at No. 331 Regina Building, Escolta Street, Barangay 291, Zone 027, Binondo, Manila
• KENNETH QUIAL, Licensed Customs Broker, with address at Matab-Ang, Day As, Cordova, Cebu
VIOLATIONS
1. Violation of Section 3601 in relation to Section 101 of TCCP
2. Violation of NFA Memorandum Circular No. AO-2K13-03-003 dated 22 March 2013
3. Violation of Section 29 of P.D. No. 4, as amended by P.D. No. 1485
GOODS
Rice totaling 912,500 kg
DUTIABLE VALUE
P14.7-Million
ESTIMATED MARKET VALUE
P36.5-Million
PORTS OF ORIGIN
Thailand
IMPORTER
Medaglia De Oro Trading
DATE AND PORT OF COMMISSION
July and August 2013 / Port of Cebu
RESPONDENTS
• EMMANUEL SANTOS
• DENISE KATHRYN ROSAROSO, Licensed Customs Broker, with address at Block 13, Lot 17, Springwoods Country Homes, Minglanilla, Cebu
• RAQUEL SILDORA CABASAG, Licensed Customs Broker, with address at 183-A Salvador Ext., Labangon, Cebu City
• EMILIO CHIO, Licensed Customs Broker, with address at Unit 301 CIFC Tower, Gov. Briones St, North Reclamation Area, Cebu City
• MYRENE NOYNAY SOLLANO, Licensed Customs Broker, with address at Quijano Compound, Calamba V. Rama Avenue, Cebu City
• GEMMA GARCIA, Licensed Customs Broker, with address at L. Flores Street, Mahayahay 1, Pasil, Cebu City
• MELVIN ISAGAN, Licensed Customs Broker, with address at 2794 Sindulan Street, Mabolo, Cebu City
• JOHN KEVIN CISNEROS, Licensed Customs Broker, with address at Logarta corner Manlili Street, Sto Nino, Cebu
VIOLATIONS
1. Violation of Section 3601 in relation to Section 101 of the TCCP
2. Violation of NFA Memorandum Circular No. AO-2K13-03-003 dated 22 March 2013
3. Violation of Section 29 of P.D. No. 4, as amended by P.D. No. 1485
GOODS
Rice totaling to 11.1-Million kg
DUTIABLE VALUE
P147.2-Million
ESTIMATED MARKET VALUE
P445.6-Million
PORTS OF ORIGIN
Singapore and Thailand
IMPORTER
Medaglia De Oro Trading
DATE AND PORT OF COMMISSION
July and August 2013/ Mindanao Container Terminal
RESPONDENTS
• EMMANUEL SANTOS, owner/proprietor, with address at No. 331 Regina Building, Escolta Street, Barangay 291, Zone 027, Binondo, Manila
• GEMMA A. GARCI, Licensed Customs Broker, with address at L. Flores Street, Mahayahay 1, Pasil, Cebu City
• RAQUEL SILDORA CABASAG, Licensed Customs Broker, Filipino, with address at 183-A Salvador Ext., Labangon, Cebu City
VIOLATIONS
1. Violation of Section 3601 in relation to Section 101 of the TCCP
2. Violation of NFA Memorandum Circular No. AO-2K13-03-003 dated 22 March 2013
3. Violation of Section 29 of P.D. No. 4, as amended by P.D. No. 1485
GOODS
Rice totaling 700,000 kg
DUTIABLE VALUE
P9.3-Million
ESTIMATED MARKET VALUE
P28-Million
PORTS OF ORIGIN
Thailand
IMPORTER
Medaglia De Oro Trading
DATE AND PORT OF COMMISSION
July and August 2013/ Port of Davao
RESPONDENTS
• EMMANUEL SANTOS, owner/proprietor, with address at No. 331 Regina Building, Escolta Street, Barangay 291, Zone 027, Binondo, Manila
• EDUARDO ALABADO BORJE III, Licensed Customs Broker, with address at 888 2ND Street, Mercedes Subdivision, Sasa, Davao City
VIOLATIONS
1. Violation of Section 3601 in relation to Section 101 of the TCCP
2. Violation of NFA Memorandum Circular No. AO-2K13-03-003 dated 22 March 2013
3. Violation of Section 29 of P.D. No. 4, as amended by P.D. No. 1485
GOODS
Rice totaling 2.9-Million kg
DUTIABLE VALUE
P28.1-Million
ESTIMATED MARKET VALUE
P116-Million
PORTS OF ORIGIN
Thailand
TO BE FILED TOMORROW (FRIDAY, NOVEMBER 14, 2014)
IMPORTER
Medaglia De Oro Trading
DATE AND PORT OF COMMISSION
August 2013/ Manila International Container Port
RESPONDENTS
• EMMANUEL SANTOS, owner/proprietor, with address at No. 331 Regina Building, Escolta Street, Barangay 291, Zone 027, Binondo, Manila
• ROSEMARIE SANGALANG ARCIAGA, Licensed Customs Broker with address at 196 San Guillermo Street, Putatan, Muntinlupa
• BALTAZAR RAMIREZ Licensed Customs Broker, with postal address at 1011 Midland Plaza Hotel, Ermita, Manila 1000
VIOLATIONS
1. Violation of Section 3601 in relation to Section 101 of the TCCP
2. Violation of NFA Memorandum Circular No. AO-2K13-03-003 dated 22 March 2013
3. Violation of Section 29 of P.D. No. 4, as amended by P.D. No. 1485
GOODS
Rice totaling 387,500 kg
DUTIABLE VALUE
P5.9-Million
ESTIMATED MARKET VALUE
P15.5-Million
PORTS OF ORIGIN
Thailand
