Subic Customs execs in quarrel over authority to issue gate passes

SUBIC BAY FREEPORT—Who’s in charge and has the authority to issue gate passes?

These questions have been repeatedly raised in series of memorandums issued by opposing officials of the Bureau of Customs assigned at the Port of Subic which already created confusions among foreign investors and other port users engaged in import and export businesses.

Customs Collector Marietta D. Zamoranos and Deputy Collector for Operations and Administration Errol B. Albano are now in disagreement over whose authority falls the signing of gate passes which allow the exiting of imported goods out of the Freeport zone.

The issue stemmed after Zamoranos issued a Customs Special Order removing from Albano, as deputy collector for operations, the authority from signing gate passes and applications for temporary transfer from the Freeport zone. Zamoranos designated Customs personnel Belma Limbaga to perform the task.

Albano sought the opinion of the BoC’s Legal Service department which ruled-out in his favor. He then issued a memorandum for Customs Commissioner Napoleon L. Morales to “adopt and concur” with the ruling of the legal department which opined that the issuance of the Customs Special Order is “a violation of the mandate of Executive Order 127 and should be considered invalid and contrary to law.”

On May 22, Morales issued an endorsement letter ordering Zamoranos to strictly comply with the mandate of Executive Order 127 expressly vesting upon the Deputy Collector for Operations the supervision over the release of cargoes from customs zone.

A week later, Morales again issued another endorsement to Zamoranos which reiterated its directive to comply with the mandate of EO 127 and return to Albano the authority to issue gate passes. However, Morales asked Zamoranos to submit her position paper on the issue.

“Nobody is above the law,” Albano told reporters here as he urged Zamoranos to fully and strictly comply with the order issued by the commissioner.

Defiant Zamoranos hit-back by issuing her own memorandum for Morales which stated that she “may not comply with the mandate of EO 127 as directed by the Commissioner.” She however, explained that this is not meant to disregard the order of the Commissioner but due to several valid and legal reasons.

She said that the primordial issue that has been resolved by the Legal Service is the validity of Subic Special Order which “does not automatically mean that the Deputy Collector of Operations is the proper person to exercise the various functions.”

Zamoranos cited Presidential Administrative Order 296 issued on October 1996 which created the Customs Clearance Area (CCA) and vested to perform the issuance of gate passes inside the Freeport zone.

Likewise, Zamoranos admitted that she may, at the moment, respect and obey the decision of the legal Service as indorsed and concurred by Morales “but with respect only to the invalidity of the Subic Special Order pending submission and eventual resolution of our position paper to defend such orders.”

“A district collector is the executive officer of the port and has command responsibility over the effective discharge of the Bureau’s mission in his jurisdiction such as collection of rightful duties and taxes, prevention of smuggling, and trade facilitation and promotion of a healthy business climate, ” Zamoranos said in separate interview.

Zamoranos also noted in her memorandum that she will be at the moment be the “exclusive signatory” of all gate-passes and permit for temporary transfer of imported goods outside of the Freeport zone.

On July 2, Zamoranos released another memorandum as “supplemental” to its earlier memo for the Commissioner stating that AO 296 must prevail over EO 127.

“AO 296 is a latter issuance than EO 127,” Zamoranos said.

She further explained that EO 127 is a general law reorganizing the Finance department and defining its duties and functions including the Bureau of Customs while AO 296 is a special issuance created specifically to meet the needs and requirements of the various economic and Freeport zones.

“In other words, AO 296 works as an exception to EO 127, or works to modify EO 127, there being a peculiar set up in Subic Freeport,” Zamoranos said.

Last Friday, Albano personally positioned himself inside the gate pass issuance office but processors and brokers opted to secure cargo passes directly to the office of Zamoranos who posted a memorandum directing all importers and exporters to have their gate passes processed in her office.