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May 11

The Long View: A conspiracy of officials

The Long View
A conspiracy of officials

By Manuel L. Quezon III
Philippine Daily Inquirer
First Posted 02:30:00 05/11/2009


In the year 1950, an international agreement was concluded in Florence, Italy, under the auspices of UNESCO. The world was still recovering from World War II, and nations recently liberated from Fascism, with its censorship and book-burnings, felt that there should be no obstacle to the dissemination of books, for individual use or for the restocking of plundered and destroyed libraries around the globe. On Aug. 2, 1952, President Elpidio Quirino signed the Florence Agreement, with notification being made official on Aug. 30.

UNESCO itself clearly explains what the Florence Agreement aimed to achieve: “Under the Agreement, books, newspapers, periodicals and many other categories of printed matter are granted duty-free entry ; Books are the most important category. The exemption granted to books is not subject to any qualifications as to their educational, scientific and cultural character.” And so: books are books, and the Philippines pledged to the duty-free importation of books, of whatever kind.

Our various congresses and presidents, in 1957, 1973, 1978, and 1990, when our Tariff and Customs regulations were periodically revised, were careful to uphold our country’s commitment to the Florence Agreement. In 1995, Congress granted another privilege to books, foreign and domestic, exempting them from the Value Added Tax. But by 2003, as some accounts have it, the Bureau of Customs began attempting to extract a 5-percent duty on imported books on book-loving citizens—with varying levels of success, apparently depending on how easily intimidated citizens were, by postal and other officials. I myself encountered an attempt of this sort on Sept. 23, 2008.

Which brings us to the subject of my last column, “the Great Book Blockade of 2009,” which Robin Hemsley wrote about. As an update, and as various bloggers have cobbled the story together, what seems to have transpired is this. After the Bureau of Customs started stopping the release of books shipped by air, because of the demand of a Customs inspector for duties to be paid, the Department of Finance tried to instruct Customs to release the affected books – but was defied by the Customs inspector.

From February to March, booksellers were frustrated in their efforts to comply with constantly evolving government regulations, until they were told a flat duty of 1 percent would be imposed on educational books and 5 percent on all other kinds of books. This determination had apparently been reached after Finance officials had gone the bureaucratic rounds, including a meeting with members of the House. This bore fruit in a Memorandum by Undersecretary Estela V. Sales on March 10.

What she and other officials proposed was to interpret the Florence Agreement and existing Philippine laws as strictly as possible: if any duty-free importations of books were to be allowed, they would be in the smallest possible quantities, and strictly monitored as bureaucratically possible, on the principle that any book entering for profit (that is, destined to be re-sold, traded, or bartered for other books) was not covered by existing exemptions and therefore, ought to be taxed. The Finance officials in addition claimed they discovered that a 1-percent tax had previously been imposed on educational, scientific and cultural books not actually being donated to institutions, and a higher duty imposed on other titles.

Aha! So this Great Wall of Red Tape with which to blockade the entry of titles was also meant to maximize the amount that could be charged in terms of import duties: the 1-percent duty would apply only to books deemed “cultural, educational, or scientific” according to elaborate definitions put together by the Department of Finance. The importer, whether an ordinary citizen or a bookseller, would thus bear the burden of proof: of convincing the Bureau of Customs that the books they intend to import are “economic, technical, vocational, scientific, or cultural materials,” qualified for the 1-percent duty (apparently meant to compensate officialdom for zealously scrutinizing incoming titles to ensure compliance with Finance’s directives, or “control/monitoring,” as Undersecretary Sales told Kenneth Yu when he called her up; although the actual classification of books as “cultural, etc.” would be the responsibility of other government agencies) or else have a 5-percent duty slapped on it.

Furthermore, duty-free exemptions granted by the National Book Development Act would be interpreted as strictly as possible, meaning “books used as materials for publishing and related activities,” a startlingly new and hitherto novel species of books.

This new government policy, substituting decades of official liberality, in keeping with the spirit and provisions of the Florence Agreement and related documents, with a new Department of Finance inquisition against booksellers and individual citizens, was enshrined in a Department of Finance Order (No. 17-09, dated March 24 of this year, published in the papers on April 12, Easter Sunday, and therefore in effect as of April 27). The publication date of the Order ensured a minimum of public attention and, thus, fuss. But it accomplished legalizing past duties demanded and collected from ordinary citizens and booksellers; and clearly imposed a policy of “resistance is futile” when it comes to any delusions of the continued duty-free importation of books.

The National Book Development Board on April 30 wrote the justice secretary that it was “suddenly jolted” by the Order, and asked for an Opinion; The Book Development Association of the Philippines subsequently denounced the Finance scheme as “legally infirm;” Marvic Leonen of the University of the Philippines Law wants to go to court: but until things are resolved, Customs can merrily go about blockading books until those that ordered them cough up the decreed duties. Unless the President or Congress scraps this new policy.

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FOR details: http://www.quezon.ph/2009/ 05/10/the-great-book-blockade-of-2009-timeline-and-readings/

13 comments

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  1. Norman Sison

    Remember “Noli Me Tangere”! Remember “El Filibusterismo”!

  2. CaliCat

    Greed totally addles the illiterate mind. It’s amazing how they insist on taxing things like books while other countries practically give you a tax break for buying them!

  3. OneTamad

    This may already be in the news, but Sen. Miriam Defensor-Santiago is going to call for a probe on the issue.

  4. Carl

    Pouncing on book imports looks even more petty and spiteful when compared to the big fish who get away with smuggling cars, petrol and other big-ticket items in contraband havens like Port Irene, Subic, Ilocos Sur and some places in Mindanao.

    This is not to mention the tax credits racket and other schemes that employ some veneer of legality to justify tax evasion.

    Because politicians and bureaucrats don’t see book importation as an important cash cow, they can afford to take a dismissive, if not despotic, attitude. Bureaucrats can invoke strict interpretations of any law when it suits them. Yet, they can wave away large tariffs or huge violations of environmental requirements, when there is something in it for them.

    Unlike big-time smugglers and tax evaders, bookworms don’t grease palms or use their influence to hit back at whoever dares to cross them. People like Ponce Enrile, Chavit, the independent oil firms, the big importers have money and clout to spare. If they don’t get you with the carrot, they’ll whack the stick on you.

  5. Mike

    I can’t believe it. Only Miriam???? What the heck happened to all the other honorable legislators? You’d think they’d jump all over this issue, which is absolutely indefensible!

  6. supremo

    If nothing happens to that probe, I will start dumping books at the door of the Philippine Consulate in New York address to GMA.

  7. mlq3

    supremo baka magulat ka at mababait ang ibang diplomats natin. one consulate took the trouble of sending a dictionary to my father: a dying g.i. dumped it at their doorstep, saying he’d looted it from malacanan in 1945, and after forty years was tired of lugging around his trophy.

  8. supremo

    mlq3,

    Mabait nga sila.

  9. Le flâneur

    It’s interesting to juxtapose this with the fact that the House ways and means committee has shelved proposals to raise sin taxes. (http://leflaneur.tumblr.com/post/106604470/barefaced-brazenness)

  10. elmot

    cutting through the very core of learning eh? what is happening to our country? we are now governed and filled with not only liars and total idiots?

  11. AngBayani

    “because of the demand of a Customs inspector”

    –May we know the name of this certain Customs inspector?

  12. Carl

    Total idiots or totally crooked? Here’s an excerpt from today’s issue of the Manila Standard:

    The government has lost P93.3 billion in foregone revenues to oil smuggling for the past three years, an industry official told a congressional inquiry yesterday.

    According to Philippine Institute of Petroleum executive director Sally Monteiro, the discrepancy in oil imports and revenues became noticeable after oil demand declined from 303,000 barrels per day in 1997 to 264,900 barrels a day in 2008.

    The sagging demand came despite the annual economic growth averaging 4.4 percent in terms of gross domestic product, Monteiro told the House committee on energy chaired by Pampanga Rep. Juan Miguel “Mikey” Arroyo.

    “Normally, for every one percent GDP growth, there is an increase of 1.5 percent in oil demand,” Monteiro told the hearing. “We recorded a decline instead.”

    Monteiro attributed the unaccounted volume to oil smuggling, which dealt the government a revenue loss of P28.7 billion in 2006, P32 billion in 2007, and P32.6 billion in 2008.

    “The government lost a total of P93.3 billion in revenue from 2006 to 2008 due to oil smuggling,” Monteiro emphasized.

    The entire article can be viewed here:

    http://www.manilastandardtoday.com/?page=politics4_may12_2009

    That kind of money really buys clout.

  13. Claire Gamboa

    It is sad that most of our people, especially ones from the government, are driven by greed.

    Reading is our only chance of learning and enhancing our knowledge of the world around us. We’ve long given up on our educational system; it is only by our own efforts that we could improve ourselves.

    And now DoF selfishly imposes these duties? I can’t see the point.

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