CHAPTER 1 CRIMES AND OTHER OFFENSES

Section 1400. Misdeclaration, Misclassification, Undervaluation, in Goods Declaration. 

• Misdeclaration as to quantity, quality, description, weight, or measurement of the goods, or misclassification through insufficient or wrong description of the goods or use of wrong tariff heading resulting to a discrepancy in duty and tax to be paid between what is legally determined upon assessment and what is declared, 

• shall be subject to a surcharge equivalent to two hundred fifty percent (250%) of the duty and tax due. 

• No surcharge shall be imposed when the discrepancy in duty is less than ten percent (10%), or when the declared tariff heading is rejected in a formal customs dispute settlement process involving difficult or highly technical question of tariff classification, or when the tariff classification declaration relied on an official government ruling.

There is undervaluation when:

• the declared value fails to disclose in full the price actually paid or payable or any dutiable adjustment to the price actually paid or payable; or

• when an incorrect valuation method is used or the valuation rules are not properly observed, resulting in a discrepancy in duty and tax to be paid between what is legally determined as the correct value against the declared value. 

• When the undervaluation is established without the need to go through the formal dispute settlement process provided for in this Act, a surcharge shall be imposed equivalent to two hundred fifty percent (250%) of the duty and tax due. 

• No surcharge shall be imposed when the discrepancy in duly is less than ten percent (10%); or the declared value is rejected as a result of an official ruling or decision under the customs dispute settlement process involving difficult or highly technical question relating to the application of customs valuation rules. 

• A discrepancy in duty and tax to be paid between what is legally determined and what is declared amounting to more than thirty percent (30%) shall constitute a prima facie evidence of fraud. 

• When the misdeclaration, misclassification or undervaluation is intentional or fraudulent, such as when a false or altered document is submitted or when false statements or information are knowingly made, a surcharge shall be imposed equivalent to five hundred percent (500%) of the duty and tax due and that the goods shall be subject to seizure regardless of the amount of the discrepancy without prejudice to the application of fines or penalties provided under Section 1401 of this Act against the importer and other person or persons who willfully participated in the fraudulent act.

Section 1401. Unlawful Importation or Exportation. – Any person who shall fraudulently import or export or bring into or outside of the Philippines any goods, or assist in so doing, contrary to law, or shall receive, conceal, buy, sell, or in any manner facilitate the transportation, concealment, or sale of such goods after importation, or shall commit technical smuggling as defined in this Act shall be penalized by:

A. If the appraised value of the goods unlawfully imported:

• • Not exceed P250,000.00

  • Imprisonment of not less than 30 days and 1 day but not more than 6 months or a

  • Fine of not less than P25,000.00 but not more than P75,000.00 or both

B. If the appraised value of the goods unlawfully imported:

• • Exceed P250,000.00 but not more than P 500,000.00

  • Imprisonment of not less than 6 months and 1 day but not more than 1 year or a

  • Fine of not less than P75,000.00 but not more than P150,000.00 or both

C. If the appraised value of the goods unlawfully imported:

• • Exceed P500,000.00 but not more than P 1,000,000.00

  • Imprisonment of not less than 1 year and 1 day but not more than 3 years or a 

  • Fine of not less than P150,000.00 but not more than P300,000.00 or both

D. If the appraised value of the goods unlawfully imported:

• • Exceed P1,000,000.00 but not more than P 5,000,000.00

  • Imprisonment of not less than 3 years and 1 day but not more than 6 years or a

  • Fine of not less than P300,000.00 but not more than P1,500,000.00 or both

E. If the appraised value of the goods unlawfully imported:

• • Exceed P5,000,000.00 but not more than P 50,000,000.00

  • Imprisonment of not less than 6 years and 1 day but not more than 12 years or a

  • Fine of not less than P1,500,000.00 but not more than P15,000,000.00 or both

F. If the appraised value of the goods unlawfully imported:

• • Exceed P50,000,000.00 but not more than P 200,000,000.00

  • Imprisonment of not less than 12 years and 1 day but not more than 20 years or a

  • Fine of not less than P15,000,000.00 but not more than P50,000,000.00 or both

G. If the appraised value of the goods unlawfully imported:

• • Exceed P200,000,000.00 or if the aggregate amount of the appraised value committed in more than one instance, 

exceeds two hundred million pesos P200,000,000.00

• Punishable with a penalty of reclusion perpetua and a

• Fine of not less than P50,000,000.00); and

• The penalty of prision mayor shall be imposed when the crime of serious physical injuries shall have been committed, and the penalty of reclusion perpetua shall be imposed when the crime of homicide shall have been committed by reason or on the occasion of the unlawful importation. 

• In applying the above scale of penalties, an offender who is a foreigner shall be deported without further proceedings after serving the sentence. 

• If the offender is a public officer or employee, the penalty which is the next higher in degree shall be imposed in addition to the penalty of perpetual disqualification from public office, and disqualification to vote and to participate in any public election. 

• If the offender fails to pay the fine, subsidiary imprisonment shall be served. 

• When, upon trial for violation of this section, the defendant is shown to have had possession of the goods in question, possession shall be deemed sufficient evidence to authorize conviction unless the defendant shall explain the possession to the satisfaction of the court: 

• Provided, That each act of unlawful importation or exportation shall be deemed as a separate offense: 

• Provided, however, That payment of the tax due after apprehension shall not constitute a valid defense in any prosecution, under this section: 

• Provided, further, That outright smuggling shall also be punishable under this section: 

• Provided, finally, That the rights and privileges provided in this Act for the importers, consignees, exporters, service providers, third parties and other third parties who committed this offense shall be revoked.

Section 1402. Failure or Refusal of Party to Give Evidence or Submit Documents for Assessment. – When the owner, importer or consignee of any imported goods, or the agent of either, fails or refuses, upon lawful demand in writing by any customs officer to appear, lawfully depose, or submit to examination or to answer any material question or refuses to produce records, accounts or invoices in possession pertaining to the value, classification or disposition of the goods in question and deemed material in assessing the same, 

• The District Collector shall assess a surcharge of twenty percent (20%) on the dutiable value of the goods which is the subject of the importation.

Section 1403. Other Fraudulent Practices Against Customs Revenue. – Any person who makes or attempts to make any entry of imported or exported goods by means of any false or fraudulent statement, document or practice or knowingly and willfully files any false or fraudulent claim for payment of drawback or refund of duties shall, for each act, be punished in accordance with the penalties prescribed in Section 1401 of this Act.

Section 1404. Failure to Declare Baggage. – Whenever dutiable goods are not declared by any person arriving within the Philippines, such goods shall be seized and the person may obtain release of such goods, if not imported contrary to any law, upon payment of a 

• Surcharge equivalent to thirty percent (30%) of the landed cost of such goods, in addition to all duties, taxes and other charges due. 

• Nothing in this section shall preclude the filing of criminal action against the offender.

Section 1405. Vessel, Seacraft, or Aircraft Departing Before Undergoing Customs Formalities. – Any vessel, seacraft, or aircraft arriving within the limits of a Customs District from a foreign port which departs before undergoing customs formalities, without being compelled to do so by stress of weather, pursuit or duress of enemies, or other necessity, 

• Shall be liable for a fine of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00).

Section 1406. Obstruction to Boarding Officer. – If the master or pilot-in-command or any member of the complement of any vessel or aircraft arriving at the Philippine port obstructs or hinders any officer from lawfully going on board such vessel or aircraft for the purpose of enforcing this Act, or intentionally causes any officer to be so obstructed or hindered, the vessel or aircraft  

• Shall be liable to a fine of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00).

Section 1407. Unlawful Boarding or Leaving of Vessel or Aircraft. – If, upon arrival at the Philippine port, any master of a vessel or pilot-in-command of an aircraft engaged in a foreign trade permits any person to board or leave the vessel or aircraft without the permission of the customs officer-in-charge, the owner or operator of such vessel or aircraft 

• Shall be liable for a fine of not less than one hundred thousand pesos (100,000.00) but not more than three hundred thousand pesos (P300,000.00).

Section 1408. Unloading of Cargo Before Arrival at Port of Entry. – If, upon the arrival within the limits of any Customs District of the Philippines of any vessel or aircraft engaged in foreign trade, the master or pilot-in-command thereof permits any part of the cargo to be unloaded before arrival at the port of entry, and without authority from a proper customs officer, the owner, operator, or agent of such vessel or aircraft

•  Shall he liable for a fine of not less five hundred thousand pesos (P500,000.00) but not more than two million pesos (P2,000,000.00): 

• Provided, That no fine shall accrue upon satisfactory proof to the proper District Collector that the unloading was rendered necessary by stress of weather, accident or other necessity: 

• Provided, however, That the fine imposed herein shall be without prejudice to the application of fines or penalties provided under Section 1401 of this Act.

Section 1409. Unloading of Cargo at Improper Time or Place After Arrival. – The owner or operator of any vessel or aircraft from which cargo is discharged upon arrival in the Philippines at a time or place other than that designated by the District Collector, 

• Shall be fine not less one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00): 

• Provided, That no fine shall accrue upon satisfactory proof to the proper District Collector that the unloading was rendered necessary by stress of weather, accident or other necessity.

Section 1410. Failure to Exhibit or Deposit Documents. – When the master of a vessel or pilot-in-command of an aircraft engaged in foreign trade fails to submit to the District Collector at the time of entry of the vessel or aircraft the register or other documents in lieu thereof, together with the clearance and other documents granted by the customs officers to the vessel or aircraft at the last foreign port of departure, or fails to exhibit any certificate or other documents required to be then exhibited, the owner or operator of such vessel or aircraft 

• Shall be liable for a fine of not less than one hundred thousand pesos (P100.000.00) but not more than three hundred thousand pesos (P300,000.00).

Section 1411. Bringing of Unmanifested Arms, Explosives or War Equipment. – The owner, operator, or agent of a vessel or aircraft arriving at a port in the Philippines bearing cargo consisting of firearms, gunpowder, cartridges, dynamite or any other explosives, munitions or equipment of war not contained in the manifest of the vessel or aircraft, or which are concealed on board, 

• Shall be liable for a fine of not less than five hundred thousand pesos (P500,000.00) but not more than one million pesos (P1,000,000.00).

Section 1412. Failure to Supply Advance and Requisite Manifests. – Failure to transmit the electronic manifest within the required time as may be prescribed by the Bureau, prior to arrival of the carrying vessel or aircraft at the port of entry shall make the owner, operator, or agent of the vessel or aircraft 

• Liable for a fine of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00). 

• If the transit time from port of origin to port of entry is at least seventy-two (72) hours, the shipping or forwarding agent of the carrier or the vessel who fails to submit the manifest at least twenty-four (24) hours before entry 

• Shall likewise be liable for a fine of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00).

Section 1413. Disappearance of Manifested Goods. – When any package or goods mentioned in the manifest meant to be unloaded at the port of destination is not unloaded upon the arrival of the vessel or aircraft, its agent 

• Shall be liable for a fine of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00)

• Unless the disappearance of the package or the goods in question was not due to the negligence of the master of the vessel or pilot-in-command of an aircraft, and is explained to the satisfaction of the District Collector. 

• The owner, operator, or agent of a vessel or aircraft shall be liable for the payment of the same fine when a package or goods listed in the manifest does not tally materially in character or otherwise with the description thereof in the manifest.

Section 1414. Discrepancy Between Actual and Declared Weight of Manifested Goods.

• If the gross weight of goods or package described in the manifest or bill of lading exceeds the declared weight by more than ten percent (10%), and such discrepancy was due to the negligence of the master or pilot-in-command, 

• the owner, employee, operator or agent of the importing vessel or aircraft shall be liable for a fine of not more than twenty percent (20%) of the value of the package or goods in respect to which the deficiency exists.

Section 1415. Discrepancy With the Master's or Pilot's-in-Command Report. 

• When a vessel or aircraft arriving from a foreign port is compelled by necessity to unload in another port other than the port of entry and permission is granted by the District Collector for the unloading of the vessel or aircraft or the delivery of any part of the cargo and it shall be found that there is discrepancy between the cargo unloaded and the report of the master or the pilot-in-command and such discrepancy is not satisfactorily explained, the owner, operator or agent of the vessel or aircraft 

• shall be liable for a fine of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00).

Section 1416. Failure to Report Fraud. – A master, pilot-in-command or other officer, owner or agent of any vessel or aircraft trading with or within the Philippines who has knowledge of the commission of fraud that shall result in the loss or diminution of customs revenue but fails to report all information relative thereto to the District Collector 

• Shall be penalized with imprisonment of not less than six (6) months and one (1) day but not more than one (1) year and 

• Shall be liable for a fine of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00). 

• If the offender is a foreigner, the offender shall be deported after serving the sentence. 

• If the offender is a public officer or employee, the offender shall suffer additional penalty of perpetual disqualification to hold public office, to vote and to participate in any election. 

• All the benefits due from service in the government, including the separation and retirement benefits, shall be forfeited.

Section 1417. False Statement of Vessel's or Aircraft's Destination. – When the master or pilot-in-command of a vessel or aircraft loaded with goods shall make a false statement as to the next destination of such vessel or aircraft when that information is required by a customs officer, the owner or operator of such vessel or aircraft 

• Shall be liable for a fine of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00). 

• The arrival of a vessel or aircraft at a different port other than the one it had been originally authorized and cleared for without having been impelled to do so by necessity, shall be prima facie proof that the original statement of the actual destination of the vessel or aircraft was false.

Section 1418. Affixing Seals. – Any person who, without authority, affixes or attaches a customs seal, fastening, or any mark, or fastening purporting to be a customs seal, to any vessel, aircraft, vehicle, warehouse, or package, 

• Shall be penalized with imprisonment of not less than six (6) months and one (1) day but not more than one (1) year, and 

• Shall be liable for a fine of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00). 

• If the offender is a foreigner, the offender shall be deported after serving the sentence. 

• If the offender is a public officer or employee, the offender shall suffer an additional penalty of perpetual disqualification to hold public office and disqualification from exercising the right to vote and to participate in any election.

Section 1419. Breaking of Seal Placed by Customs Officers. – If any seal placed by a customs officer upon any vessel or aircraft or compartment thereof, or upon any box, trunk or other package of goods on board is broken, the owner, operator, or agent of the vessel or aircraft 

• Shall be liable for a fine of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00) for each broken or destroyed seal.

Section 1420. Breaking of Lock or Fastening Placed by Customs Officers. – If any lock or other fastening device placed by a customs officer upon any hatch door, or other means of communication in the hold of a vessel or aircraft, or other part thereof for the security of the same during the night time, is unlawfully opened, broken or removed, or if any of the goods contained in the hold or in the other compartments so secured is clandestinely abstracted and landed, the owner, operator, or agent of the vessel or aircraft 

• Shall be liable for a fine of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300.000.00).

Section 1421. Removal, Breakage, and Alteration of Marks. – Any person who, without authority, willfully removes, breaks, injures, defaces or alters any customs seal or other fastening or mark placed upon any vessel, vehicle, on land, sea or air, warehouse or package containing merchandise or baggage in bond or in customs custody, shall be punished with the penalty prescribed in Section 1420 hereof.

• Shall be liable for a fine of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300.000.00).

Section 1422. Unauthorized Withdrawal of Imported Goods from Bonded Warehouse. – Any person who causes the unauthorized withdrawal of imported goods stored from a CBW shall be liable for 

• Payment of a surcharge of fifty percent (50%) of duties, taxes, customs fees, and charges, found to be due and unpaid. 

• The amount of surcharge shall be added to the duties, taxes and charges due on the goods withdrawn. 

• If the delinquency lasts for more than one (1) year, the surcharge shall be increased by twenty-five percent (25%) of the unpaid duties and taxes annually: 

• Provided, That where the withdrawal is attended with fraud, such as when a fake or altered withdrawal permit is submitted, the warehouse operator shall be held liable under the pertinent provisions of this Act, without prejudice to the suspension or revocation of the warehousing privileges granted by the Bureau pursuant to this Act.

Section 1423. Removing or Repacking Goods in Warehouse. 

• Any person who fraudulently conceals, removes, or repacks merchandise in any warehouse or fraudulently alters, defaces, or obliterates any mark or numbers placed upon packages deposited in such warehouse, or shall aid or abet any such acts, shall be punished with the penalties prescribed in Section 1418 hereof. 

• Merchandise so concealed, removed, or repacked, or packages upon which marks, numbers or the values thereof have been so altered, defaced, or obliterated shall be forfeited in favor of the government. shall be punished with the penalties prescribed in Section 1418 hereof.

• Shall be penalized with imprisonment of not less than six (6) months and one (1) day but not more than one (1) year, and 

• Shall be liable for a fine of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00).

Section 1424. Removing Goods from Customs Custody. 

• Any person who enters any warehouse, or any vehicle loaded with or containing merchandise with intent to unlawfully remove therefrom any merchandise or baggage in such vessel, vehicle or warehouse or otherwise in customs custody or control, or 

• any person who receives or transports any merchandise or baggage unlawfully removed from any such vessel, vehicle or warehouse, or shall aid or abet such removal, 

• shall suffer the penalties provided in Section 1401 hereof.

Section 1425. Failure to Pay Duties, Taxes and Other Charges. – For failure to pay the duties, taxes and other charges of an assessment within fifteen (15) days from the date of final assessment, 

• A surcharge of ten percent (10%) of the total assessed amount or balance thereon shall be added and collected, 

• which surcharge shall be increased to twenty-five percent (25%) if the delinquency lasts for more than one (1) year.

Section 1426. Breach of Security. – Upon breach of security required to be filed under this Act, the District Collector, subject to the approval of the Commissioner, may accept in satisfaction thereof a smaller stun than that mentioned in the penalty clause of the security, but in no case less than the amount necessary to indemnify the government for the damage occasioned by such breach.

Section 1427. Failure to Keep Importation Records and Full Access to Customs Officers. – Any person who fails to keep all the records of importations or books of accounts, business and computer systems and all customs commercial data in the manner prescribed under this Act, 

• Shall be punished with imprisonment of not less than three (3) years and one (1) day but not more than six (6) years and/or 

• A fine of one million pesos (P1,000,000.00). 

• This penalty shall likewise be imposed against importers and brokers who deny an authorized customs officer full and free access to such records, books of accounts, business and computer systems, and all customs commercial data including payment records, without prejudice to the imposition of the administrative sanctions by the Bureau against contumacious importers, including the authority to hold delivery or release of their imported goods.

Section 1428. Concealment or Destruction of Evidence of Fraud. 

• Any person who willfully conceals or destroys any invoice, book, or document relating to any goods liable to duty after an inspection thereof has been demanded by the District Collector or at any time conceals or destroys any such invoice, book, or document for the purpose of suppressing any evidence of fraud therein contained, 

• Shall be penalized with imprisonment of not less than three (3) years and one (1) day but not more than six (6) years and 

• shall be liable for a fine of not less than three hundred thousand pesos (P300,000.00) but not more than one million pesos (P1,000,000.00).

Section 1429. Other Offenses.

A. For anchoring at any dock, pier, wharf, quay, or bulkhead other than a port of entry, 

• • Fine of not less P500,000.00 but not more than P1,000,000.00) for overseas vessels;

B. For dumping of garbage or slops over the sides of the vessel within three (3) miles from the nearest coastline,

• • Fine of not less than P1,000,000.00 but not more than P10,000,000.00;

C. For dumping or causing to spread crude oil, kerosene, or gasoline in the bay or at the piers within three (3) miles

• • Fine of not less than P1,000,000.00 but not more than P 10,000,000.00 for each offense;

D. For loading gasoline or any other petroleum products at a place other than that designated, by the regulations, a 

• • Fine of not less than five hundred thousand pesos (P500,000.00) but not more than one million pesos (P1,000,000.00) for each offense;

E. For causing the emission and spread of harmful gas, fumes and chemicals,

• • Fine of not less than P1,000,000.0) but not more than P10,000,000.0) for each offense; and

F. For transporting hazardous waste, radioactive waste and other toxic substances as provided under the Basel Convention and Republic Act No. 6969, otherwise known as the "Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990", 

• The penalty shall be forfeiture of the vessel in favor of the government. 

• The fines imposed herein shall be without prejudice to the application of fines or penalties provided under special laws and regulations.

Section 1430. Violations of this Act and Rules and Regulations in General. – Any person who violates any other provision of this Act or the rules and regulations issued pursuant thereto, 

• Shall be penalized with imprisonment of not less than thirty (30) days and one (1) day but not more than one (1) year, or 

• Be liable for a fine of not less than one hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (P300,000.00), or both. 

• If the offender is a foreigner, the offender shall be deported after serving the sentence. 

• If the offender is a public officer or employee, the offender shall be disqualified from holding public office, from exercising the right to vote and to participate in any public election for ten (10) years.