EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriquez init

House Bill No. 3757

EXPLANATORY NOTE

Article lI, 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 2014, approximately 1.832 million Overseas Filipino Workers (OFWs) were
deployed abroad which resulted in personal remittances from OFWs accounting for 8.5
percent of country's gross domestic product (GOP) in 2014.

Relatives and loved-ones of OFWs in the Philippines receive 400,000 balikbayan
boxes every month on the average. These balikbayan boxes serve as the 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 legislation seeks to mandate the "NO OPENING OF BOX" Policy of balikbayan
boxes by the Bureau of Customs (BOC) personnel and to exempt from taxes and duties one
(1) balikbayan box per month, regardless of the total dutiable value of its contents

In view of the foregoing, immediate passage of this bill is earnestly requested,

Wi

rus bh fez


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

__Introduced by Representative R
House Bill No. 3757

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 5 PURPOSES,

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

Section 1. Section 2, sub-section (b) of Republic Act No. 6768 7 (R.A. 6768), As Amended,
is hereby amended to read as follows:
“(b) THE TERM "FAMILY" SHALL INCLUDE THE FOLLOWING:
(b-I) 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 WHOLE OR HALF-BLOOD) OF
THE BALIKBAYAN; AND
(b-3) THE RELATIVES OF THE BALIKBAYAN BY
CONSANGUINITY IN THE COLLATERAL LINE WITHIN
THE FOURTH (4TH) DEGREE OF RELATIONSHIP."

Section 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
(2) xxx;
(b) xxx;
(0) xxx; AND
(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.”

Section 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 the 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-INTRUSIVE


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 AND
PACKING LIST ARE NOT ATTACHED TO THE BALIKBAYAN
BOX; OR

(2) WHEN THE BOC IS IN RECEIPT OF A WRITTEN
DEROGATORY —ALERT/INFORMATION FROM —_LAW
ENFORCEMENT AND OTHER GOVERNMENT AGENCIES, OR
PRIVATE SOURCES, PROVIDED THAT IN THE LATTER CASE,
THE INFORMATION IS EMBODIED IN A SWORN STATEMENT
ALLEGING THAT THE BALIKBAYAN BOX CONTAINS BANNED,
PROHIBITED, OR REGULATED IMPORT COMMODITIES AS
LISTED UNDER THE TCCP OR RELATED LAWS AND
ISSUANCES."

Section 4. Separability Clause. Should any provision of this Act or part hereof be declared
unconstitutional, the other provisions or parts not affected thereby shall remain valid and
effective.

Section 5. Repealing Clause. All laws, decrees, orders, and issuances, or portions thereof
which are inconsistent with the provisions of this Act, are hereby repealed, amended or
modified accordingly

Section 6. Effectivity Clause. This Act shall take effect after fifteen (15) days from its
publication in two (2) newspapers of general circulation

Approved