Monday, February 24, 2020

Lawless Philippines: Ukay-Ukay

The Philippines is a lawless nation. What do I mean by that? I don't mean motorcycle assassins and politicians stealing the people's money. I also don't mean those who expose corruption getting shot dead in broad daylight or the fact that lawyers and journalists end up dead too often. I also don't mean the insurgency and violent family feuds in Mindanao. When I say the Philippines is lawless what I am talking about is the every day things we see around us. 

The Philippines is a nation of laws. Many, many laws in fact. But every single day these laws are flagrantly  broken and the authorities simply do not care. What I mean when I say the Philippines is a lawless nation is that despite having laws they are rarely and only selectively enforced.

Let's start this off with ukay-ukay stores.





The top two ukay-ukay stores are just around the corner from PNP headquarters downtown. The bottom picture is what one will see at market day in any barangay. One need not go far to find an ukay-ukay store in the Philippines. They are everywhere and they are illegal!

[REPUBLIC ACT NO. 4653] 
AN ACT TO SAFEGUARD THE HEALTH OF THE PEOPLE AND MAINTAIN THE DIGNITY OF THE NATION BY DECLARING IT A NATIONAL POLICY TO PROHIBIT THE COMMERCIAL IMPORTATION OF TEXTILE ARTICLES COMMONLY KNOWN AS USED CLOTHING AND RAGS. 
Be it enacted by the Senate and House of Representatives ofthe Philippines in Congress assembled: 
SECTION 1. It shall be unlawful for any person, association or corporation to introduce into any point in the Philippines textile articles commonly known as used clothing and rags, except when these are imported under Subsections “i”, “j”, “k”, “l”, “n”, and “v” of Section 105 of Republic Act Numbered Nineteen hundred and thirty-seven. 
SEC. 2. The penalty of fine of not less than two hundred pesos nor more than twenty thousand pesos and imprisonment of not less than two years nor more than five years, shall be imposed upon persons found guilty of violation of the provision of this Act: Provided,That in the case of aliens, the penalty to be imposed shall consist of the payment of the fine hereinabove provided for and that of immediate deportation without any further proceedings on the part of any Deportation Board:Provided, further,That if the violation is committed by the manager, representative, director, agent or employee of any natural or Juridical person in the interest of the latter, such violation shall render the employer liable to the penalty corresponding to the offense, without prejudice to the imposition of the corresponding penalty, either personal or pecuniary or both, upon the manager, representative, director, agent or employee, committing the violations:Provided, furthermore, That in the case of the violation being committed by or in the interest of a foreign juridical person duly licensed to engage in business in the Philippines, the person or persons directly or indirectly involved in the importation shall suffer the penalties herein provided for and the revocation of such license and perpetual disqualification to engage in business in the Philippines shall form part of the penalty to be imposed:Provided, also, That if the act committed by a public officer or employee is; penalized by any other law, the penalties prescribed in the law punishing the offense shall be imposed in addition to those prescribed herein and that of perpetual absolute disqualification:Provided, finally,That used clothing and rags imported in violation of this Act shall be burned in the presence of a representative of the General Auditing Office, Department of Finance and of the Office of the President, without the forfeiture proceedings provided in Republic Act Numbered Nineteen hundred and thirty-seven. 
SEC. 3. All Acts, rules and regulations inconsistent with this Act are hereby repealed. 
SEC. 4. This Act shall take effect upon its approval. 
Approved, June 17, 1966.
https://www.officialgazette.gov.ph/1966/06/17/republic-act-no-4653/
Granted there is no prohibition in this law against selling used clothes only their importation. But the fact these used clothes are being sold is proof of their illegal importation. So why don't the cops confiscate these illegal goods and shut down each ukay-ukay store? Why is this law not fully enforced?

What I want to do in a series of articles is highlight a host of laws which are broken every single day. Laws which the authorities seldom opt to enforce. It is my intent to show that despite being a nation of laws the Philippines is a lawless nation. 

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