The Agricultural Sector Alliance of the Philippines, Inc. (AGAP) has commended Agriculture Secretary Francis Tiu Laurel for pursuing charges under the Anti-Agricultural Economic Sabotage (AGES) Act against importers of seized smuggled frozen mackerel.
This move comes after the Department of Agriculture (DA) revealed a P202 million shipment of smuggled mackerel, contained in 19 forty-foot containers, at the Port of Manila.
Secretary Laurel emphasized that the AGES Act, and not the Customs Modernization and Tariff Act (CMTA), is the appropriate legal avenue. AGAP Partylist Representative Nick Briones supported this, highlighting the ineffectiveness of the CMTA in deterring smugglers due to its bailable nature.
“Unlike the AGES Act, it is non-bailable, carries potential life imprisonment, and imposes fines five times the value of the smuggled goods,” Briones stated. “Those involved should be jailed.”
The AGES Act, signed into law by President Ferdinand Marcos Jr. in September 2024, classifies smuggling and hoarding of agricultural products exceeding P10 million as economic sabotage. Since the seized mackerel shipment surpasses this threshold, Secretary Laurel asserts that charges under this act are warranted.
Briones also raised concerns about potential collusion within customs, questioning why CMTA violations are often pursued instead of the AGES Act.
“Why not turn the case over to the National Bureau of Investigation (NBI) for a thorough investigation and filing of charges under the AGES Act? This is clearly technical smuggling and misdeclaration, falling squarely within the scope of the new law,” he argued.
The Bureau of Customs (BOC) detailed the timeline of the seizure, stating that the containers from China were initially held on January 20, 2025, following requests for examinations from the Customs Intelligence and Investigation Service and the Plant Quarantine Service-Bureau of Plant Industry.
An alert order was issued on February 13, and a physical examination on February 18-19 led to a Warrant of Seizure and Detention under the CMTA.