An international public outcry by Filpino workers overseas, including in Canada has forced President Benigno Aquino III to stop Bureau of Customs (BOC) in Manila from conducting random physical inspections of balikbayan boxes.
Aquino made the orders following a meeting this week with Finance Secretary Cesar Purisima and Customs Commissioner Albert Lina, the BOC said in a statement.
"The president has instructed the Bureau of Customs to immediately do the following: First, there will be no random or arbitrary physical inspection of balikbayan boxes. Moving forward, all containers of balikbayan boxes should undergo mandatory x-ray and K-9 examination--at no cost to the sender or the OFW (overseas Filipino worker)," the BOC said.
The agency said physical inspections will be conducted "only in cases where there are derogatory findings" from the x-ray or K-9 examination.
In the event of a physical inspection, the BOC will request the presence of an Overseas Workers Welfare Administration representative or a designated officer of an OFW association.
The inspection areas should also be monitored via closed-circuit television.
The BOC said its employees who violate the new protocols and engage in pilferage will be prosecuted and punished.
The bureau is encouraging the public to submit videos and photographic evidence of illegal acts.
"In this manner we are confident that public concerns will be addressed while enhancing the State's capacity to fulfill its obligation to our people," the agency said.
The BOC said the president stressed the sentimental relevance of balikbayan boxes among OFWs and their families.
"He emphasized that OFW families view the balikbayan box as an integral part of the family relationship to nurture loved ones at home and as a tangible sign of their love and concern for their family members," the agency said.
"He also emphasized the reality that more often than not, the only people who know what are in the boxes are the people who send them and the family members who receive them," it added.
The BOC, noted, however, that there were instances when balikbayan boxes were used to break the law.
In November 2014, gun parts, ammunition and gun accessories were found in seven balikbayan boxes while 81,529 tablets of anti-anxiety drugs were misdeclared as food supplements.
In 2011, 413 Casio G-Shock watches and even a custom Harley Davidson Chopper motorcycle of a Hollywood scriptwriter, among other high end car parts, were also delivered through balikbayan boxes.
"Therefore it is incumbent on the State to uphold its duty to protect our people. But in doing so there should be no contradiction between the need to ensure the implementation of the law, the promotion of the security of the country, and the rights and privileges of our people," the BOC said.
According to the bureau, there are an estimated 1,500 containers of balikbayan boxes a month, translating to around 18,000 containers a year or around 7.2 million boxes.
The plan by the government to impose stricter rules on packages coming from abroad met stiff opposition from overseas Filipinos workers (OFWs) who said the measure is unnecessary and puts additional burden on them.
Former Ambassador Roy V. Seneres of the OFW Partylist said the plan by the Bureau of Customs to tighten rules for boxed packages from abroad would impact on the legions of OFWs who regard sending packages to the Philippines as a material expression of their affection to their families.
The system of sending Balikbayan boxes started in the 1980s after customs adapted it as part of a system to ship irregularly shaped packages.
Instead of targeting Balikbayan boxes, Seneres said Customs Commissioner Alberto Lina should set his sights on big-time smugglers who slip highly dutiable items such as cars and electronics into the country.
In anticipation of the tightened customs rules governing Balikbayan boxes, a group of Filipinos started a signature campaign on the online polling site Change.org.
The petition, aimed at gathering 75,000 signatures, was to be presented by Senator Miriam Defensor Santiago before the Senate to justify the removal of the tight rules on Balikbayan boxes.
For his part, Vice-President Jejomar Binay said the government should not pass on to OFWs its failure to curb smuggling by imposing an additional burden on them.
“The worsening smuggling should not be blamed on OFWs and the Balikbayan boxes since only a small amount of items can be smuggled this way. What [the] government should be doing is addressing practice[s] by corrupt businessmen to smuggle tonnes of taxable commodities such as rice, garlic, meat, fruits and vegetables,” he said.
Senator Grace Poe said through a statement that the new regulation is an admission of the BoC's "dismal failure and ineptness to address smuggling."
Poe also said that she will file a resolution to investigate the new measure that BoC has put in place and the failure of the agency’s intelligence service to track down big-time smugglers.