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Friday, March 29, 2024

Customs Administrative Order still subject to consultation

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I write in response to the article published by Othel V. Campos last June 14, 2017 entitled “Travel group slams Customs order on airport staff overtime fees.”

It must be emphasized that the draft Customs Administrative Order is not yet final and is still subject to public consultation wherein the affected stakeholders are given the opportunity to submit their comments and recommendations;

The draft CAO finds strong legal basis in Section 1211 of the Customs Modernization and Tariff Act which specifically provides that Unloading of cargo from a vessel or aircraft from a foreigner port during official nonworking hours shall be allowed subject to payment of service fees by shipping lines, airlines, or other interested parties at rates prescribed by the Commissioner. In effect, Section 1211 will repeal the CAO no. 07-2011 mandating observance of the 24/7 shifting schedule. It is axiomatic that a mere Administrative Order cannot take precedence over a substantive law such as the CMTA; and

The provisions of the Labor Code is NOT application to the employees of Bureau of Customs but the Civil Service Law’s rules and regulations. Under the said law, government personnel are required to render not more than forty (40) hours a week, in excess of which shall be subject to payment of overtime services. The rendition of services beyond the required hours under civil service law would be tantamount to involuntary servitude which is prescribed by our own Constitution, considered as the paramount law of the land form which all other laws must emanate from.

ALTHEA E. ACAS

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Project Manager

CMTA-IRR Project Management Office  

Bureau of Customs

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