Press Release
October 2, 2008

SOLGEN RULES, CEZA COVERED BY USED CAR IMPORT BAN
Chiz orders Customs to immediately implement the ban all over the country

Opposition Senator Chiz Escudero today directs the Bureau of Customs to immediately implement the banning of used cars in the country, which should include the Cagayan Special Economic Zone (CEZA) after the Solicitor General ruled that such importation is not allowed in the Philippine territory.

Escudero ordered Customs Commissioner Napoleon Morales today to implement Executive Order No. 156, which prohibits the entry of used motor vehicles in the country via any port, including the freeports, other than the Subic Freeport Zone.

At the same time, pursuant to the hearings in the Senate and Ways and Means Committee which the senator chairs, Morales was also directed to submit to the Committee a report on the bureau's compliance regarding the ruling on or before October 7.

The Committee has been hearing the issue on whether Port Irene which is in the Area of CEZA, is allowed to import and trade motor vehicles.

Port Irene officials question the applicability of the executive order even with the Supreme Court upholding the order thereof.

Escudero has always maintained that CEZA is covered by the used car importation ban as intended by EO No. 156.

However, during the hearings, Morales admitted that they allow entry of used vehicles in CEZA pending opinion/clarification from the Department of Finance and the Solicitor General's office.

Escudero berated Customs officials and even the Department of Finance for their failure to comply with the provision of the law. For continuously violating the law, Morales was told that he is criminally liable for being part of the violation.

"With the SolGen's final legal opinion, the Customs cannot anymore hide under the cloak of pending legal matter. It is as clear as daylight that this matter is already resolved and the Committee expects the full implementation of such."

In the Solgen's decision dated September 22, it ruled under the principle of stare decisis which simply means that a conclusion reached in one case should be applied to those that follow if the facts are substantially the same, even though the parties may be different.

The SolGen says its decision comes from the basic principle of justice that like cases ought to be decided alike.

"This SolGen opinion should finally nail down the coffin of used car imports. Supreme Court's ruling on the used car import ban applies to CEZA. Where the law does not distinguish, we should not distinguish," Escudero said.

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