Category Archives: Controversies

The spice of life…

Duties on Books: Who You Gonna Call?

Why isnt Winston here though? -_-

Why isn't Winston here though? -_-

As posted over at Philippine Genre Stories and via comment from Bookmarked! here’s a number concerned book lovers can call if their precious books are being unjustly detained:

Hi, you should not have to file for exemption for items that are non-taxable. From my understanding, exemption is only filed if you or your organization is tax-exempt.

Please call Mr. Jaime Regala of the BOC IIPD-CIIS
(Internal Inquiry and Prosecution Division-Customs Intelligence and Investigation Service)
(632) 5274522

On the Great Undead Blockade

Ah, my old foe… we meet again. Or do we?

So a commenter over at the Philippine Genre Stories blog has raised the specter (pun not intended) of a necromantic revival of the Great Book Blockade (credit for that particular metaphor goes to the New Worlds Alliance twitter). You can get a summary of these new developments at the aforementioned PGS post, or over at the Philippine Online Chronicles.

While it is clear that once again there are forces once again attempting to keep the precious pulpy goodness from our grubby hands, and this is something we should not stand for, it would be best to know whom it is we’re actually fighting.

The Problem: People are being asked to either pay customs duties on imported books, or get an exemption from the DOF.

We can divide the problem in to two aspects then: (a) The duties; (b) The exemption requirement. In each case what we need to ask is a question every reciting law student dreads to hear: “What is your legal basis?”

[Legal analysis. Oh, what fun!]

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GBB Aftermath: Receipts, Evidence and Testimony Wanted

Sure, the Great Book Blockade is over, but the price of peace (or duty-free books in this case) is eternal vigilance–let’s not forget that even before the GBB, there were already people being taxed when they sought to bring books from abroad into the country. If you’ll recall, Chingbee Cruz shared her own experience here:

I’d heard that books were tax-exempt but didn’t know enough to have any conviction in making that argument, and so all I really wanted to do then was pay the right amount, official receipt and all. As I was fishing my hard-earned thousands of pesos out my wallet, I told CD that he made it very hard for people like me not to be corrupt. That his dramatic tossing of documents and convoluted explanations to my questions made it clear that he was discouraging me from doing the right thing. (When I asked him to please explain why his clerks were handing out tiny pieces of paper with the wrong tax amount for cheaper, resibo-less claiming of packages, he said he wasn’t at liberty to talk about such things. WTF?) Of course, he had nothing to say to all this. The only time he had something to say was when I mentioned that maybe next time I should keep my purchases to fifty dollars or less so I wouldn’t be charged taxes. “Ikaw bahala,” he said. “Kung may paraan ba lumusot sa rules, e, di ba’t di gamitin?” To which I quickly pointed out, short of biting his head off, that no, I wouldn’t be breaking any rule to begin with if I did my theoretical fifty-dollars-or-below purchase, and so no, I wouldn’t be getting away with anything.

UP Law Dean Marvic Leonen had a similar experience (as Chingbee narrates here) and RockEd Philippines has been trying to gather proof of similar cases of illegal taxation–receipts, or even simple narrations of the events–so that Atty. Leonen or another able lawyer might be able to file the appropriate legal suit. However, over at Twitter, in response to a query from @MLQ3, @gangbadoy of RockEd told me that people have stopped emailing such receipts and stories since the GBB was lifted.

[More after the cut]

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Of Aswangs, Garlic and Cultural Diversity

It’s strange to think that I might have politicians to thank for increasing my knowledge of Philippine mythology, but I’m glad I’m at least learning something from this Con Ass debacle. To explain the context of this post, and the innocuous garlic above, one of our esteemed Senators, Mar Roxas, recently brought garlands of garlic to the Senate as an expression of protest to the actions undertaken by congressmen of the majority party, who managed to ram through a controversial resolution last Tuesday. The senator compared the actions of the congressmen to a form of witchcraft, akin to those practiced by certain types of “aswang” and he brought the leis of garlic as he said these were the best defense against aswang.

This action prompted a column by noted Filipino historian Ambeth Ocampo entitled “Garlic isn’t an ‘aswang’-repellant.” (Do check out the article, as it gives an interesting academic explanation for what an “Aswang” is) Putting aside his issues with the propriety of the Senator’s actions and Mr. Ocampo’s somewhat rosy memory of the “dignity” of Senates past, what makes his column of interest to me and this site is his stance, as expressed in the title of the piece, that Filipinos “never use garlic against the aswang.”

Senator Roxas’ staff who crafted his Con-asswang gimmick are obviously young and urban, they grew up on horror movies. Had they been from Capiz or had they been reared on aswang stories from their “yayas” (nannies) and grandmothers, they would know that the Philippine aswang is not repelled by a crucifix or garlic, which only works for vampires from Transylvania. To kill an aswang you do not drive a stake through its undead heart, rather you drive a sharpened bamboo spear into its back.

Furthermore, Filipinos never use garlic against the aswang. The traditional weapons are ginger and salt. This partly explains why Filipino males like to urinate in the most unlikely places. They are not marking their territory like dogs, but in an earlier time such a practice was meant as an anti-aswang method because urine was believed to contain enough salt to drive the aswang away. In this way holy water can also be used on an aswang, not so much because of the priest’s blessing but due to the salt that is traditionally added to the holy water. Many priests today forget that salt is the essential ingredient in holy water.

I certainly am no historian, and have only recently begun to mine the dense earth of our varied mythologies, but it seems to me that if indeed there is no tradition of garlic being a deterrent to Aswang (defined by Mr. Ocampo, adapting the research of Mr. Maximo Ramos, as “a generic term used to describe one of five creatures in Philippine lower mythology” including witches) then some enterprising soul is going to have to do a lot of correcting of the internets–starting with Wikipedia.

(Click to see larger image; More after the break)

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GBB: And the Winner Is…

All of you. The Book Blockade is done. Here’s the report in the Philippine Star via Bibliophile Stalker (who first heard it from Robin Hemley’s Twitter):

Taxes on book imports lifted
By Paolo Romero Updated May 25, 2009 12:00 AM

MANILA, Philippines – President Arroyo ordered yesterday the Department of Finance to scrap the taxes imposed on imported books and reading material.

Press Secretary Cerge Remonde said the directive was prompted by a torrent of criticism on the move of the Bureau of Customs (BOC), which is under the supervision of the finance department, to impose the duties.

“President Arroyo ordered the immediate lifting of the customs duty on book importation,” Remonde said in a text message to The STAR.

“The President wants books to be within reach of the common man. She believes reading as an important value for intellectual formation, which is the foundation of a healthy public opinion necessary for a vibrant democracy,” he said.

Remonde said Mrs. Arroyo directed Finance Secretary Margarito Teves to revoke Finance Department Order 17-09 which imposes duty on book importation.

“Secretary Teves said he will comply immediately,” he said.

Teves earlier said the BoC has yet to compute the revenues to be generated by the taxes.

Teves, however, said that revenue generation was not the main reason for the import duties but to clarify regulations on book imports as provided by the Tariff and Customs Code of the Philippines.

The UNESCO National Commission of the Philippines (UNACOM), led by secretary-general Ambassador Preciosa Soliven, said the imposition of taxes on books runs contrary to government efforts to promote reading among children and the youth.

“Taxing imported books is tantamount to taxing reading habits. At a time when parents and educators worldwide have expressed alarm on the continuing steep decline in the reading habits and practices especially among the young, the tax measure is counterproductive to current initiatives to rekindle a reading culture,” UNACOM said in a statement.

“The measure would surely further discourage young and even old minds from appreciating, recognizing and rediscovering the value of reading,” UNACOM said.

UNESCO in Paris, France was reportedly already aware of the controversy over the BoC’s imposing duties on imported books, a clear violation of a United Nations world pact forged in 1950 where countries agreed to exempt reading and cultural materials from import duties.

John Donaldson, UNESCO senior legal officer based in Paris, said the Philippines, as a party to the Florence Agreement, must respect the principle “Pacta sunt servanda (Pacts must be respected).”

“This fundamental principle of the law of treaties, enshrined in the Vienna Convention on the Law of Treaties of 1969, provides that treaties in force are binding upon the parties and must be performed in good faith,” Donaldson said.

“It follows that if the Philippines decides to apply custom duties or other charges on the importation of materials coming from another State Party, and for which the Florence Agreement foresees an exemption, it will be in breach of its obligations under this Agreement,” he said.

UNACOM said the Philippines’ Department of Foreign Affairs-Office of Legal Affairs submitted that DO No. 17-09 issued by the Department of Finance was “contrary to the Philippines’ obligations under the UNESCO Florence Agreement and is inconsistent with its principle of free exchange of ideas and knowledge.”

Congratulations everyone. Well done! Now, when’s the party? ^_^

GBB: Book Bigayan 2009

Book Bigayan 2009 was a rousing success.

It took us a while to find the venue–I thought that I would be able to see Malate Church from Roxas itself–but upon arrival I couldn’t help but note how appropriate the meeting point was. Everyone clustered around a sculpture of a bespectacled man sitting on a bench and holding a newspaper as he gazes across the sea (waiting for the books to come in perhaps?)

Our taciturn host turned out to be Mr. Arsenio H. Lacson,  journalist, lawyer, guerilla, and Mayor of Manila, who survived three attempts on his life, twice disarming the unlucky attackers.

Luckily, the weather was very cooperative:

Nothing but blue skies, shining on me…

Things worked out in the end as we ended up arriving at the venue just before Gang of Rock Ed showed up and started the ball rolling.It was interesting seeing Gang in person–even if you didn’t know what she looked like, if you’ve ever heard her over the radio her voice was unmistakable. She also exuded an easy camaraderie with the crowd, most of whom (like myself) she’d probably never met before.

I hope she was able to charm the on-scene reporter as well. There was a young woman with a recorder and a cameraman on-hand, I assume based on the nearby truck that they belonged to the GMA-7 news crew.

I overheard Gang giving the reporter an overview of the Book Blockade situation (I wonder if the reporter had known of the whys-and-wherefores of the event beforehand or had just been tipped off regarding a strange gathering of bibliophiles along Manila Bay). The reporter also talked to the members of a family who had been the beneficiaries of some of the donated books, and I smiled when I saw the children show the reporter the books they’d chosen from the piles. They seemed happy with their hauls.

[More after the cut]

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Book Bigayan: My Donations

Don’t forget everyone, if you want to express your dissatisfaction with the Book Blockade in a positive fashion, Rock Ed Philippines’ Book Bigayan 2009 is all set for tomorrow at 3 p.m. I’ll try to be at the Baywalk when it begins, though I don’t think I’ll be able to stay that long (not that you guys would recognize me :P ).

I’ve set aside the books I’m planning to donate, so if any of these tomes strikes your fancy, be there tomorrow at around 3pm. ^_^ What are the rest of you bringing?

From left to right, then the ones on top, linked to Amazon for your convenience:

Read on for those people who need a refresher on the details of the event:

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GBB: Really!?! Edition

I wrote this post last night, then decided to let it sit a bit. Read it again today to make sure I wasn’t being unnecessarily inflammatory and came to the conclusion that I should go ahead and post it (with a bit of an addendum). There are certain depths of emotion that can only be borne through either a judicious application of sarcasm or Ponstan… and I’m all out of Ponstan.

For an irony free take on some pro-tariff arguments/theories, head over to Bibliophile Stalker. We overlap on certain issues but offer different, though non-contradictory, responses.

Unprecedented levels of snark ahead. You have been warned.

The danger in checking MLQ3′s timeline and readings of the Great Book Blockade is that inevitably I stumble across items of news and/or opinion that simply call for a response–or more appropriately, taking a page from the SNL: Weekly Update playbook, a simple question.

Really? Really!?!

First off though, I do realize and recognize that everyone is entitled to their own opinions. I do not intend what follows to impugn the intelligence or virtue of those who hold contrary opinions to myself–it’s just I find some of those opinions expressed to be, well, hilarious–in a black humored Sweeney Todd kind of way.

So in short–I respect you guys, but some of what you’ve said just cannot be allowed to slide. If you agree with the BOC’s actions (spoiler alert: I don’t.) but can’t take some good ol’ fashioned sarcasm, then do yourself a favor and don’t read any further. Consider yourselves duly warned that if you read on beyond this paragraph any bruised egos shall be on your own heads.

OK? Good.

Let’s begin with some answers to the Philippine Star’s recent poll on “What do you think of the BOC’s plan to impose higher taxes on imported books?” I’ll comment on these based purely on the merit I find in the statements, as opposed to the factual legality of the customs duties (note to the Star–it’s not a “plan”: the duties are already in effect ok? That’s why we’re having this conversation) – since I think we’ve sufficiently ventilated that in my prior posts.

  • “If it will result in more taxes for the government, why not?”

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GBB: Dissecting the BOC’s FAQ and DOF Guidelines

Oh good, the Bureau of Customs has released some official documents detailing their stand on the Great Book Blockade issue. Let’s have a look see:

FAQ’s: Clarificatory Guidelines on Duty-Free Importation of Books: (find it here)

The answer to Q1 (A1) states the laws that govern book importation according to the Bureau. No surprises here, those are the self-same laws we’ve been dealing with since the beginning.

A2 acknowledges the existence of the Florence Agreement and the fact that the Philippines is a signatory. Again, no surprises, which is a good thing since that means the assumptions we’ve been making so far have been based on sound facts.

A3 and A4– here is where the fun begins.

Q3: Is the UNESCO Florence Agreement already incorporated in Section 105(s) of the Tariff and Customs Code of the Philippines (TCCP) as amended?

Yes. Section 105(s) of the TCCP, as amended, already incorporated the UNESCO Agreement. Notably, the law that introduced the present Section 105(s) is Presidential Decree (PD) No. 1464 issued on 11 June 1978, or later than the adoption or even the signing by the President of the Philippines of the UNESCO Florence Agreement in 1950 and 1952 respectively.

Q4: What is the legal implication of such incorporation by Section 105(s) of the TCCP, as amended, of the UNESCO Florence Agreement?

This means that the importation of educational, scientific and cultural materials listed in Annexes A to E of the Florence Agreement shall be subject to the same condition imposed by Section 105(s) of the TCCP, as amended, i.e. that the imported article shall not be for sale, barter or hire.

Oh Customs, Customs… If that is your central argument, your bedrock, your pillar of legality then I could almost kiss you (if you were a person, or at least a moe anthropomorphism) because (unless I have completely forgotten International Law) you have made this so much easier.

For those who did not go through a compulsory 2 units of Public International Law, the argument of Customs can be summarized in this way: [Best done in a Jon-Stewart-impersonates-George-W-Bush-voice] Yes there’s a Florence Agreement, but see what we did was we put the Florence Agreement into our own municipal law–then we added some, well, conditions before the Agreement can apply, and that amended the Agreement. So, we’re cool right?

Not really.

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GBB: Rock Ed Book Bigayan 2009

Well now–here’s a great way of running the Great Book Blockade by getting your book fix and standing by your right to the free flow of information:

That’s right, Rock Ed Philippines invites everyone to participate in the absolute antithesis of a book blockade: The (Great) Book Bigayan 2009

We’re giving them away for free!

Rock Ed invites you to bring used/old books to give away. We will invite people to just come and browse through our donated books and they are free to take books, maximum of 5 per person. But give anyway! Books left behind will be added to our public school book donation delivery before the school year starts.

Rock Ed Philippines is not happy about the taxes imposed on books. If you feel the same way, please join us.

We give ‘em away –for FREE!

Bring your used/old books too if you want to share. Let’s gather again at our Sunday Silent spot to give away books to anyone who wants ‘em. Bring your family and your family dog.

Again, here are the details:

Where: Baywalk, Roxas Boulevard (across Malate Church)

When: 3pm until sunset, 24 May 2009, Sunday. (Not this Sunday alright? Spend May 10 with your Mothers, and spend May 17 choosing your books ^_^.)

Why: Because we love to read; Because stories and information are best when shared.

I guess I could part with a few old school science fiction and fantasy; time to raid the shelves of the old house ^_^