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HER EXCELLENCY
THE PRESIDENT OF THE PHILIPPINES
Malacañan Palace
Manila
Madam President:
“The contracting States undertake not to apply customs and duties and other
charges on, or in connection with, the importation of:
1
In its recently issued guidelines to the Bureau of Customs (BOC), the
DOF instructed the BOC to assess a 1% - 5% duty on books and other
printed materials if the importer intended to sell or trade the said books,
even if the importer claimed the duty-free privileges under the Florence
Agreement. Needless to say, in the case of individual citizens, officialdom
routinely makes the assumption our book-reading countrymen are racketeers
not to be trusted, and insists on imposing duties.
The DOF, however, has adopted the position that imported books
which were to be sold and traded were not entitled to the duty-free privileges
granted by the Florence Agreement and the Nairobi Protocol. This
interpretation is, as we argued with DOF at the time it attempted
consultations with Congress, without basis either in fact or law, and flouts
half a century of established Customs policy and practice.
The DOF said that half a century of policy and practice must yield to
the eureka moment of its legal department when, in a flash of inspiration –
really, imagination bordering on delusion- it devised a scheme in which all
books imported for sale should be taxed. Neither estoppel nor prescription,
said the DOF, can run against the State, citing no authority on the matter
because, in law, both can run against the State. What the DOF really meant
to invoke is the outdated not to say obnoxious principle that the State, like
the King, can do no wrong.
2
The treaty’s goal is not merely to promote the charitable distribution
of books or to simply allow individuals who had purchased books abroad to be
able to bring them home duty-free, as the DOF insists. Rather, the purpose of
the Florence Agreement is to spread knowledge and ideas across national
boundaries through books to as many people as possible, which is to say
principally by trade and commerce in line with the market philosophy of the
Free World since the end of World War II.
3
dubious distinction of being the only contracting State in the Florence
Agreement which will impose duties on book importations listed in Annex A of
the said treaty.
I attach for your reference copies of: (1) the letter dated 6 March
2009 of NBDB Executive Director Atty. Pasion-Flores to Secretary Teves; and
(2) the Memo to the BOC dated 10 March 2009 of DOF USEC Sales; which
discuss thoroughly positions of the NBDB and the DOF on the matter.
Respectfully yours,