SBMA stops exit of used cars purchased in Subic
Supreme Court finally bans used cars from Subic...mahinto na sana ng tuluyan.
inquirer.net
Quote:
CITY OF SAN FERNANDO, Philippines -- The Subic Bay Metropolitan Authority on Monday stopped importers from taking at least 2,970 used passenger vehicles out of the Subic Bay Freeport.
SBMA Administrator Armand Arreza said he issued the order after the Supreme Court made a final ruling denying the motion of the Motor Vehicle Importers Association of Subic Bay Freeport Inc. (MVIASBFI) to sell the used cars outside the free port.
The Office of the Solicitor General has received a copy of the court's October 30 resolution. Arreza said his office received a copy of the resolution on November 16.
The court maintained its previous position. On February 20, 2006, it exempted the Subic Bay Freeport from the ban on the importation of used motor vehicles on the condition that it would not sell or market them outside the free port.
President Gloria Macapagal-Arroyo imposed the ban through a provision in Executive Order 156 that she issued on December 12, 2002, as part of the guidelines in the government's motor vehicle development program.
The Supreme Court decision, penned by Associate Justice Consuelo Ynares-Santiago, said "motor vehicles that come into the Philippine territory via the secured fenced-in former Subic Naval Base area may be stored, used or traded therein or exported out of the Philippine territory, but they cannot be imported into the Philippine territory outside of the secured fenced-in former Subic Naval Base area."
In an August 22, 2006 resolution, the court denied the motions for clarification and reconsideration of the Southwing Heavy Industries Inc., United Auctioneers Inc., Microvan Inc., Subic Integrated Macro Ventures Corp. and the MVIASBFI to import cars into the Philippines through the free port.
They said EO 418, which imposed an import duty of P500,000 on used motor vehicles except trucks, buses and special purpose vehicles, impliedly repealed EO 156.
"Their motions are without merit," the court said. "Notwithstanding the issuance of EO 418, used motor vehicles imported via the presently secured fenced-in former Subic Naval Base area cannot further be imported into the other parts of the Philippine territory," said the resolution penned by Associate Justice Renato Corona.
Arreza said an inventory of used vehicles held in various warehouses and yards inside the free port reached at least 2,970.
The prohibition to withdraw the cars was the second blow to Subic-based vehicle importers.
A post-entry audit, which began in October 23 and is to continue until April 2008, suspended the issuance of new import permits as the SBMA, Bureau of Customs, Department of Finance and Department of Trade and Industry checked on the extent of smuggling and recovered correct taxes due the government.
