Legislative History
Entitled: AN ACT AMENDING REPUBLIC ACT NO. 9280, OTHERWISE KNOWN AS THE 'CUSTOMS BROKERS ACT OF 2004' AND FOR OTHER PURPOSES [ THIRD REGULAR SESSION, 14TH CONGRESS ] [ 2009 ] 8/18/2009 Prepared and submitted jointly by the Committee(s) on CIVIL SERVICE AND GOVERNMENT REORGANIZATION, TRADE AND COMMERCE and WAYS AND MEANS with Senator(s) MAR ROXAS, RICHARD "DICK" J. GORDON, MANNY VILLAR and PANFILO M. LACSON as author(s) per Committee Report No. 552, recommending its approval in substitution of SBNos. 253, 1409, 2462, taking into consideration HBN-3274; 8/19/2009 Sponsor: Senator PANFILO M. LACSON; 8/19/2009 Committee Report Calendared for Ordinary Business; 9/9/2009 Transferred from Ordinary Business to Special Order; 9/9/2009 Sponsorship speech of Senator PANFILO M. LACSON; 9/23/2009 Period of interpellation closed; 9/23/2009 Period of amendment closed; 9/23/2009 Approved on Second Reading without Amendment; 9/24/2009 Printed Copies were distributed to the Senators; 9/28/2009 Approved on Third Reading; 9/28/2009 In favor: (15) EDGARDO J. ANGARA, BENIGNO S. AQUINO III, JOKER P. ARROYO, ALAN PETER "COMPANERO" S. CAYETANO, MIRIAM DEFENSOR SANTIAGO, JINGGOY P. EJERCITO-ESTRADA, JUAN PONCE ENRILE, FRANCIS "CHIZ" G. ESCUDERO, RICHARD "DICK" J. GORDON, GREGORIO B. HONASAN II, MANUEL "LITO" M. LAPID, LOREN B. LEGARDA, FRANCIS N. PANGILINAN, RAMON A. REVILLA JR. and JUAN MIGUEL F. ZUBIRI; 9/28/2009 Against: N o n e; 9/28/2009 Abstention: N o n e; 10/1/2009 Sent to the House of Representatives requesting for concurrence; 10/13/2009 House of Representatives adopted SBN-3396 as an amendment to HBN-3274 on October 8, 2009; 10/27/2009 Enrolled copies of the consolidated version of SBN-3396 and HBN-3274, sent to the House of Representatives for the signature of the Speaker and the Secretary General; 11/12/2009 Enrolled copies of the consolidated version of SBN-3396 and HBN-3274, received by the Senate already signed by the Speaker and the Secretary General of the House of Representatives; 11/16/2009 Enrolled copies of the consolidated version of SBN-3396 and HBN-3274, sent to the Office of the President of the Philippines, through PLLO, for the signature and approval of Her Excellency President Gloria Macapagal Arroyo; [ 2010 ] 1/20/2010 Approved and signed into law by the President of the Philippines, Her Excellency President Gloria Macapagal Arroyo on December 15, 2009, and became; 1/20/2010 REPUBLIC ACT NO. 9853.
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S. No. 3396 H. No. 3274; 106 OG No. 9, 1137 (March 1, 2010); Manila Times, January 16, 2010
[ REPUBLIC ACT NO. 9853, December 15, 2009 ]
AN ACT AMENDING REPUBLIC ACT NO. 9280, OTHERWISE KNOWN AS THE "CUSTOMS BROKERS ACT OF 2004", AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:
SECTION 1. Section 27 of Republic Act No. 9280 is hereby amended to read as follows:
"SEC. 27. Acts Constituting the Practice of Customs Broker Profession. — Any single act or transaction embraced within the provision of Section 6 hereof shall constitute an act engaging in the practice of customs broker and the consignee/owner/importer under oath based on the covering documents submitted by the importers: Provided, That export declaration shall be signed by the exporter or, at his option, delegate the signing and processing of the document to his designated customs broker or authorized representative."
SEC. 2. Section 29 of Republic Act No. 9280 is hereby amended to read as follows:
"SEC. 29. Admission to Professional Practice. — The practice of customs broker is a professional service, admission to which shall be determined upon the basis of individual and personal qualifications. However, nothing in this Act shall prevent a corporation from being registered for the purpose of engaging in the business of customs brokerage as long as the corporation shall engage or hire the services of at least one (1) customs broker."
"For purposes of this Act, the phrase 'engaging in the business of customs brokerage' shall mean making representations in behalf of importer-clients in the Bureau of Customs (BOC) and other government agencies: Provided, That such corporations engaged in the business of customs brokering shall have a minimum paid-up capital of One million pesos (Php1,000,000.00) before they are accredited by the BOC."
SEC. 3. Repealing Clause. — All laws, presidential decrees, executive orders, memorandum orders and other administrative orders, rules and regulations or parts thereof contrary to or inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly.
SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation in the Philippines.
Approved,
(Sgd.) JUAN PONCE ENRILE |
(Sgd.) PROSPERO C. NOGRALES |
President of Senate |
Speaker of the House of Representatives |
This Act which is a consolidation of Senate Bill No. 3396 and House Bill No. 3274 was finally passed by the Senate and House of Representatives on September 28, 2009 and October 8, 2009, respectively.
(Sgd.) EMMA LIRIO-REYES |
(Sgd.) MARILYN B. BARUA-YAP |
Secretary of Senate |
Secretary General House of Representatives |
Approved: DEC 15 2009
(Sgd.) GLORIA MACAPAGAL - ARROYO
President of the Philippines
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