HOUSE OF REPRESENTATIVES
RE CEIVED
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BY:

REPUBLIC OF THE PHILIPPINES
House of Representatives
Quezon City

ML 2015

SEVENTEENTH CONGRESS
First Regular Session

REGISTRATION UNE

2
House BILLNO._1832] euLs any inex SERVICE

Introduced by Congressman Alfredo D. Vargas III

EXPLANATORY NOTE

Article XIII Section 3 of the 1987 Philippine Constitution provides that the State
shall afford protection for both local and overseas labor. It also recognizes the importance
of their participation in policy-making processes affecting their rights and benefits as may

be provided by law.

Overseas Filipino Workers (OFWs) contribute immensely, not only to the country’s
economic development but also in nation-building. According to the Philippine Overseas
Employment Administration, 1.832 million OFWs were deployed abroad in 2014. In the
same year, the total cash remittances sent by OFWs were estimated at $24.35 million®,
accounting for 8.5 percent of the country’s gross domestic product.

Having to endure months or years away from home and their loved ones, OFWs
show their affection and care for their families through balikbayan boxes. Each balikbayan
box is a symbol of the OFWs hard work and sacrifice in order to give their families back

home a better life and future.

This bill intends to amend the Balikbayan Program to better protect the rights of the
OFWs and their families. The proposed act prohibits the opening of balikbayan boxes by
Bureau of Customs (BoC) personnel. It instructs the BoC to subject these boxes to non-
intrusive methods of inspection. This bill also seeks to exempt from taxes and duties one

balikbayan box per month per OFW.

In view of the foregoing, passage of this bill is earnestly sgught.

D. VARGAS III

* 2014 Philippine Overseas Employment Administration Statistics. Available at:

htto://Awww,poea gov,ph/stats/2014%20POEA%20Stats,paf [30 September 2015]

? 2014 Bangko Sentral ng Pilipinas Economic and Financial Statistics. Available at:

htto://www.bsp.gov.ph/statistics/spei_pub/Table%2014.pdf [30 September 2015]



REPUBLIC OF THE PHILIPPINES
House of Representatives
Quezon City

SEVENTEENTH CONGRESS
15" Regular Session

HOUSE BILLNo._1832

Introduced by Congressman Alfredo D. Vargas III

AN ACT
EXPANDING THE BENEFITS AND PRIVILEGES OF BALIKBAYANS, 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, 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 travelling 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 (4") DEGREE OF
RELATIONSHIP.”

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;


(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.”

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 the following:

XXX

(H) ONE (1) BALIKBAYAN BOX MEASURING 24 INCHES BY 24 INCHES BY 30
INCHES SENT EACH MONTH BY A BALIKBAYAN TO HIS OR HER FAMILY SHALL BE
EXEMPTED FROM ALL TAX 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 CIRCUMTANCES:

(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.”

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


Sec. 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.

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

Approved,