SEATWORK NO. 4 SEIZURE AND FORFEITURE PROCEEDINGS PART 1

1. A shipment arrived in the Port of Surigao on 7 September 2021. The bill of lading indicates that the shipment is bound for Zamboanga, its final destination. On the basis of a derogatory information, the District Collector of the Port of Zamboanga issued a Pre-Lodgment Control Order (PLCO) on 8 September 2021. Upon receipt of the PLCO, the District Collector of the Port of Surigao immediately conducted examination of the shipment. On 10 September 2021, the consignee filed its goods declaration. What is the status of the PLCO?

• (a) It was converted into an Alert Order upon filing of the goods declaration

• (b) It was validly issued by the District Collector of the Port of Zamboanga

• (c) Both A and B

• (d) None of the answers

2. You were hired by Importer “CD” to process and clear the latter’s shipment with BOC Port of Manila, where you found out that the shipment was subject of a PLCO issued by the District Collector of POM. You lodged the goods declaration and filed the original copies at the Customer Care Center. After a few hours, you were advised that the goods declaration could not be accepted because of the PLCO. Is this correct?

• (a) Yes, because the PLCO, upon filing of the goods declaration, is converted into an Alert Order

• (b) Yes, because a PLCO shall suspend the processing of goods declaration

• (c) A and B

• (d) Neither A nor B

3. The District Collector of the Port of Limay issued a PLCO against a 2 x 40 container shipment said to contain furniture but is suspected to contain undeclared sports cars. The containers were physically examined and were found to be in order. The District Collector recommended the lifting of PLCO and forwarded the relevant records to the Office of the Commissioner. On that same day, the consignee processed the goods declaration. After three (3) days, the consignee requested for the continuation of the processing of the goods declaration. If you are the District Collector, will you allow the continuation of the processing of the goods declaration?

• (a) No, because the recommendation for the lifting of PLCO has not yet been acted upon by the Commissioner of Customs.

• (b) No, because when the goods declaration has been filed, the PLCO was converted into an Alert Order and the same has not been lifted.

• (c) A and B

• (d) Neither A nor B

4. If in the course of the conduct of the physical examination of a shipment covered by an Alert Order, the examining officer confirmed the derogatory information. What would be the next course of action by the District Collector?

• (a) Recommend the seizure of the shipment to the Commissioner of Customs

• (b) Issue a Warrant of Seizure and Detention

• (c) Prevent the filing of the goods declaration

• (d) All of the answers

5. The Customs Intelligence & Investigation Service (CIIS) recommended for the issuance of An Alert Order against a shipment based on derogatory information of undervaluation. What should CIIS allege in order to convince the District Collector to issue the Alert Order?

• (a) The proper value of the goods

• (b) The allegation of submission of forged invoice

• (c) The allegation of improper application of Method 1

• (d) All of the answers

6. A PLCO shall be issued on the basis of derogatory information on the allegations of the following grounds, except:

• (a) Prohibited Goods

• (b) Unmanifested Goods found on any vessel when manifest is not required

• (c) Outright Smuggling as defined in Section 102 of the CMTA

• (d) Restricted Goods without permits

7. What happens to a PLCO if a Goods Declaration is already lodged on the subject shipment?

• (a) the PLCO shall prevail

• (b) the PLCO shall be converted into an Alert Order

• (c) the PLCO shall be the basis in the issuance of WSD

• (d) the PLCO shall be lifted or cancelled

8. In case of non-perishable goods, what is the period should the authorized customs officer make recommendations, either lift the PLCO or issue WSD, to the District Collector?

• (a) 24 hours

• (b) 36 hours

• (c) 48 hours

• (d) 72 hours

9. Upon the recommendation made by the authorized customs officer to the District Collector, when should the latter act on the recommendation in case of perishable goods?

• (a) 2 days

• (b) 3 days

• (c) 4 days

• (d) 5 days

10. Upon the recommendation made by the authorized customs officer to the District Collector, when should the latter act on the recommendation in case of non- perishable goods?

• (a) 2 days

• (b) 3 days

• (c) 4 days

• (d) 5 days