Question & AnswerQ&A (EXECUTIVE ORDER NO. 38)
The Commissioner of Customs has the authority to approve settlements in seizure cases.
The District Collector may settle seizure cases while the case is still pending, except in cases involving fraud, subject to the approval of the Commissioner.
The settlement requires payment of a fine or redemption amount not less than 20% nor more than 80% of the landed cost of the seized imported article or the FOB value for export, or payment of the domestic market value for forfeited property.
The owner, importer, exporter, consignee, or their authorized agent may offer to pay the fine or redemption value.
Upon payment, the seized property is forthwith released, and all liabilities connected to the offense or attached to the property are deemed discharged.
No, settlement by payment is not allowed if the importation is absolutely prohibited or if the release of the property would be contrary to law.
Yes, the Commissioner may accept the settlement of seizure cases on appeal in the same manner.
All liabilities that might attach to the property due to the offense occasioning the seizure, including any cash deposit or bond liabilities, are deemed discharged.
Yes, all laws, rules, regulations, or issuances inconsistent with this Executive Order are repealed or modified accordingly.