Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 3289

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT INSTITUTING THE EXPANDED BALIKBAYAN PROGRAM,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6768, AS
AMENDED BY REPUBLIC ACT NO. 9174, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Article II, Section 18 of the 1987 Constitution provides that “The State affirms
labor as a primary social economic force. It shall protect the rights of workers
and promote their welfare.”

In 2018, approximately 2.3 million Overseas Filipino Workers (OFWs) were
deployed abroad. From April to September 2018 alone, the total remittance sent
by OFWs was estimated at P235.9 Billion. We cannot thus take for granted the
crucial role played by our OFWs in helping sustain the continuous development
of our economy through the foreign currencies remitted to their families back

home.

On its part, the State must make certain that our prevailing legislation would
help augment not only the lives of our OFWs but also of their families who are
left behind.

Relatives and loved-ones of OFWs in the Philippines receive 400,000 balikbayan
boxes every month on the average. For OFWs, the balikbayan box in an enduring
testament of their sacrifice and hard work abroad in order to secure a better

future for their families back home. It represents the love and care of OFWs for


their families, who have to bear months or even years of separation from each

other.

This measure seeks to mandate the “NO OPENINGOF BOX” Policy of balikbayan
boxes by the Bureau of Customs (BoC) personnel and to exempt from taxes and
duties one (1) balikbayanbox per month, regardless of the total dutiable value of
its contents. In recognition of the significant contribution of our OFWs to our
national] economy, this legislation is but a small measure of assistance in view of
the tireless efforts of our OFWs, who work selflessly abroad and endure long

separation and loneliness from their loved ones.

Thus, the immediate passage of this bill is earnestly sought.

\LFRED VARGAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3289

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT
INSTITUTING THE EXPANDED BALIKBAYAN PROGRAM, AMENDING FOR:
THE PURPOSE REPUBLIC ACT NO. 6768, AS AMENDED BY REPUBLIC ACT
NO. 9174, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress Assembled:

SECTION 1. Section 2, sub-section (b) of Republic Act No. 6768 (R.A. 6768), as
amended, is hereby amended to read as follows:

“(b) THE TERM “FAMILY” SHALL INCLUDE THE FOLLOWING:

(b-1) The spouse and children of the balikbayan who are not
balikbayans in their own right, traveling with the latter to the Philippines;

(b-2) THE PARENTS, GRANDPARENTS, BROTHERS OR
SISTERS (WHETHER BY WHOLEOR HALF-BLOOD) OF THE
BALIKBAYAN; AND
‘SEC. 2. A new sub-section under Section 2 is hereby inserted to read as follows:

“SECTION 2. Definition of Terms. - For purposes of this Act:
(a) xxx;
(b) xxx;
(6) xxx;
(d) THE TERM “BALIKBAYAN BOX” SHALL MEAN THE RECEPTACLE OF
PERSONAL AND/OR HOUSEHOLD EFFECTS, INCLUDING LIVELIHOOD
TOOLS, IN NON-COMMERCIAL QUANTITY WHICH ARE SENT BY
BALIKBAYANS TO THEIR FAMILY AS DEFINED IN THIS ACT.”

‘SEC. 3. A new sub-section under Section 3 is hereby inserted to read as follows:


“SECTION 3. Benefits and Privileges of the Balikbayan. - The balikbayan and
his family shall be entitled to following:

XXX

(H) ONE (1) BALIKBAYAN BOX MEASURING 24 INCHES BY 24 INCHES BY
30 INCHES (24X24X30), SENT EACH MONTH BY A BALIKBAYAN TO HIS OR HER
FAMILY SHALL BE EXEMPTED FROM ALL DUTIES AND TAXES IMPOSED UNDER
THE NATIONAL INTERNAL REVENUE CODE OF 1997 (NIRC), AS AMENDED, AND
THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES (TCCP), AS AMENDED.

UPON ENTRY AT EACH GOVERNMENT PORT, BALIKBAYAN BOXES SHALL ONLY
BE SUBJECTED TO NON-INSTRUSIVE METHODS OF INSPECTION BY THE
BUREAU OF CUSTOMS (BOC) PERSONNEL, THROUGH THE USE OF TRAINED
CANINE UNITS, X-RAY DETECTION AND INSPECTION SYSTEMS OR OTHER
SIMILAR TECHNOLOGIES AND SHALL NOT BE OPENED BY BOC PERSONNEL.

BALIKBAYAN BOXES CAN ONLY BE OPENED BY BOC PERSONNEL IN THE
FOLLOWING CIRCUMSTANCES:

(1) WHEN THE CONSIGNOR’S EXPORT DECLARATION ANDPACKING LIST
ARE NOT ATTACHED TO THE BALIKBAYAN BOX; OR

(2) WHEN THE BOC IS IN RECEIPT OF A WRITTEN DEROGATORYALERT/
INFORMATION FROM LAW ENFORCEMENT AND OTHERGOVERNMENT
AGENCIES, OR PRIVATE SOURCES, PROVIDED THAT IN THE LATTER CASE, THE
INFORMATION IS EMBODIED IN SWORN STATEMENT ALLEGING THAT THE
BALIKBAYAN BOXCONTAINS BANNED, PROHIBITED, OR REGULATED IMPORT
COMMODITIES AS LISTED UNDER THE TCCP OR OTHER RELATED LAWS AND.
ISSUANCES.”

SEC. 4. Separability Clause. - If any provision of this Act is declaredinvalid or
unconstitutional, the other provision not affected by suchdeclaration shall
remain in full force and effect.

SEC. 5. Repealing Clause. - All laws, executive and administrativeOrder, rules and
regulations inconsistent with the foregoing provisions are hereby repealed or
modified accordingly.

SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days afterits publication
in the Official Gazette or in a newspaper of general circulation.

Approved,