Legal basis and related law referenced
- The resolution is anchored on Republic Act No. 9280, known as the Customs Brokers Act of 2004.
- Section 16(b), Article III of Republic Act No. 9280 is cited for the qualification that, at the time of filing, an applicant must be a holder of a Bachelor’s Degree in Customs Administration.
- Section 16(b), Article III of Republic Act No. 9280 also allows a holder of a Master’s degree in Customs Administration to qualify within five (5) years from the effectivity of this Act.
- The resolution invokes the Board’s empowerment under Section 7(j), Article II of Republic Act No. 9280 to perform powers, functions, and duties necessary to implement the Act.
Purpose and policy intent stated
- The resolution provides equitable accommodation to holders of a Bachelor’s Degree that has the same scope and contents as the Bachelor’s Degree in Customs Administration.
- The resolution is premised on the view that holders of the same-scope bachelor’s degree seek admission to the licensure examination for customs brokers.
- The resolution addresses a gap because Republic Act No. 9280 is treated as having no transitory provision for this academic qualification.
Who may take the exam and when
- The Board admits a holder of a Bachelor’s Degree with the same scope and contents as those of a Bachelor’s Degree in Customs Administration.
- Admission under this resolution covers the October 2005 Licensure Examination for Customs Brokers.
- Admission also covers the examination schedules in 2006, 2007, and 2008.
- The resolution limits participation by requiring that the holder shall not be allowed to sit in the 2009 and subsequent schedules.
Conditions, limitations, and cut-off
- The resolution grants eligibility only until 2008, by express limitation.
- The explicit prohibition applies to the 2009 and subsequent schedules, which the qualifying degree holder cannot take.
Implementation, notice, and administrative coordination
- The resolution requires that a copy be furnished to the schools, colleges, or universities offering the concerned course.
- The resolution is structured to cover admission for the licensure examination schedules enumerated (2005, 2006, 2007, and 2008).
Effectivity and publication rule
- The resolution takes effect after fifteen (15) days following its full and complete publication in the Official Gazette or in any newspaper of general circulation in the Philippines.
- Effectivity is thus tied to compliance with the statutory publication requirement before the fifteen-day counting period begins.