DOJ: Thrashing of cars legal
By Jomar Canalas - Manila Times Reporter
Justice Secretary Raul M. Gonzalez on Friday defended the legality of the order of President Arroyo to have smuggled luxury vehicles confiscated by the Bureau of Customs destroyed.
In a two-page memorandum, Gonzalez said that the vehicles were forfeited in favor of the government and anything the President does with them is within her discretion.
He cited Section 2609 of the Tariff and Customs Code which says that the government can destroy anything confiscated if there is a possibility that it will be used in the future for illegal activities if it is sold.
Gonzalez said that Mrs. Arroyo is sending a strong message against smugglers that she will use the strong arm of the law against them.
“…the concerned officials have seen it fit to send a strong message to smugglers who would think hard before deciding to pursue their nefarious activities knowing that they would no longer get away with such activities with impunity,” Gonzalez said.
The President said that if the smuggled vehicles are sold there is a danger that they would fall into the hands of the smugglers themselves.
The Department of Justice also said that there is nothing illegal with the order of the Department of Finance to the district collector of Subic to crush and destroy the luxury vehicles.
“…the position taken by DOF… should be given great weight and authority since it is the government agency primarily responsible for the sound and efficient management of the financial resources of the Government , its subdivisions, agencies and instrumentalities,” he added.
Gonzalez said that while “the power of taxation proceeds upon the theory that the existence of government is a necessity; that it cannot continue without means to pay its expense; and that for these means, it has a right to compel all its citizens and property within its limits to contribute. And the rampant smuggling, if left unchecked, will continue to deprive the government of the revenues needed to finance projects to promote the general welfare.”
Justice Secretary Raul M. Gonzalez on Friday defended the legality of the order of President Arroyo to have smuggled luxury vehicles confiscated by the Bureau of Customs destroyed.
In a two-page memorandum, Gonzalez said that the vehicles were forfeited in favor of the government and anything the President does with them is within her discretion.
He cited Section 2609 of the Tariff and Customs Code which says that the government can destroy anything confiscated if there is a possibility that it will be used in the future for illegal activities if it is sold.
Gonzalez said that Mrs. Arroyo is sending a strong message against smugglers that she will use the strong arm of the law against them.
“…the concerned officials have seen it fit to send a strong message to smugglers who would think hard before deciding to pursue their nefarious activities knowing that they would no longer get away with such activities with impunity,” Gonzalez said.
The President said that if the smuggled vehicles are sold there is a danger that they would fall into the hands of the smugglers themselves.
The Department of Justice also said that there is nothing illegal with the order of the Department of Finance to the district collector of Subic to crush and destroy the luxury vehicles.
“…the position taken by DOF… should be given great weight and authority since it is the government agency primarily responsible for the sound and efficient management of the financial resources of the Government , its subdivisions, agencies and instrumentalities,” he added.
Gonzalez said that while “the power of taxation proceeds upon the theory that the existence of government is a necessity; that it cannot continue without means to pay its expense; and that for these means, it has a right to compel all its citizens and property within its limits to contribute. And the rampant smuggling, if left unchecked, will continue to deprive the government of the revenues needed to finance projects to promote the general welfare.”
posted by OlongapoCity Zambales at
6:17 AM
1 Comments:
I think the DOJ's reliance on Section 2609 of the Tariff and Customs Code is misplaced because that provision refers to contraband (i.e., articles of prohibited importation and exportation). Articles of prohibited importation are enumerated in Section 102 of the same Code.
I am not aware of any law prohibiting the importation of luxury cars. Without such law, the cars cannot be classified as contraband and therefore beyond the scope of Section 2609.
Besides, what illegal activities in the future is the DOJ speaking of when the illegal act of smuggling (of goods the importation of which is not necessarily prohibited) happened in the past?
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Unknown, at 8/19/2007 10:31 PM
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