OUR lawmakers gave the matter of smuggling agricultural products, which mostly involve food, the utmost importance that they crafted a law especially addressing this problem — Republic Act 10845 or the Anti-Agricultural Smuggling Act of 2016, which was authored by Sen. Cynthia Villar in the Senate.
At a hearing in the Senate of yet another bill to bolster the government’s fight against smuggling of farm products, Villar and Sen. Francis Tolentino along with other senators in attendance were dismayed to know that more than six years after the passage of the law, not a single violator of RA 10845 is in jail.
The dismal performance of the Bureau of Customs and by extension, the Department of Justice, in going after the smugglers is evidenced by the numbers both agencies furnished the senators at the hearing, which was called to study the possibility of creating a special court called Anti-Agricultural Smuggling Court.
‘… Despite the surfeit of laws on smuggling, which Congress strengthens from time to time, this economic menace continues with impunity to the detriment of our farmers, fishermen, workers and local businessmen.’
Karen Ann Yambao of the BOC Legal Services said 24 cases were filed last year while 46 were filed this year, but most of these are still under preliminary investigation by the DOJ.
State Counsel Florina Agtarap, meanwhile, said that of the 158 smuggling cases filed by Customs and one by the Department of Agriculture from 2016 to February this year, 76 cases or 48 percent had been dismissed by the DOJ because of lack of documents and evidence. Of these, only nine cases reached the courts.
Many expressed outrage upon hearing that even during the months when the nation was reeling under skyrocketing prices of sugar and onions in 2022-2023, the two government agencies were unable to send even one smuggler or violator to jail.
Chastising the customs officials, Senator Tolentino correctly observed that the preliminary investigation conducted by the DOJ is dependent only on documents and pieces of evidence provided by the BOC. Even the classification of cases — whether green, red, orange or yellow — depends on documents provided by the state prosecutors.
While a special court to handle smuggling cases might improve the flow of cases, we cannot rely fully on legislative or judicial solutions to smuggling. The national experience has taught us this: Despite the surfeit of laws on smuggling, which Congress strengthens from time to time, this economic menace continues with impunity to the detriment of our farmers, fishermen, workers and local businessmen.
Sanctions and punishment for offenders are also in place, as RA 10845 considers smuggling of agricultural products as economic sabotage — which it really is — and imposes the punishment of life imprisonment for this non-bailable offense.
Tolentino and Villar have proposed to review the implementing rules and regulations of the law, which might help, but more than this, Customs, the police, and other law enforcers should focus on the implementation of the law, vigorous arrests and seizures, and building solid cases with complete documentation that will stand in court.
