Alert Order: SECTION 1111, RA10863

MODULE 3:
ALERT ORDER
SECTION 1111, RA10863
DEFINITION:
Alert orders are written orders issued by customs
officers as authorized by the Commissioner on the
basis of derogatory information regarding possible
noncompliance with this Act.
Stage of importation when an
alert order may be issued
• An alert order may be issued only
after lodgement of the goods
declaration and prior to the
release of goods from customs
custody.
EFFECTS OF ALERT ORDER:
An alert order will result in the:
 suspension of the processing of the goods declaration
 the conduct of physical or nonintrusive inspection of the
goods within forty-eight (48) hours from issuance of the
order.
in the case of perishable goods, within twenty-four (24) hours from
inspection.
TIME FRAME BY WHICH TO SUBMIT
RECOMMENDATIONS AFTER THE CONDUCT OF
EXAMINATION
1. Within forty-eight (48) hours from inspection
2. Within twenty-four (24) hours from inspection.
Alerting officers recommend the:

 Continuance of processing of goods declaration (negative finding)
 Issuance of WSD (If discrepancy between the declaration and actual
goods is found)
GENERAL RULE:
DEROGATORY INFORMATION SHALL INDICATE THE
VIOLATION AND OTHER NECESSARY SPECIFICS.
EXCEPTION TO THE RULE:
(a) General allegations of undervaluation;
(b) General allegations of misclassification without providing the
appropriate tariff heading and duty of the shipment to be alerted;
(c) General allegations of over-quantity without indicating the source of
information supporting the allegation;
(d) General allegations of misdeclaration in the entry without indicating
the suspected actual contents thereof; and
(e) General allegations of importations contrary to law without indicating
the specific law or rule to be violated.
When an alert order may be issued by
reason of undervaluation
No alert order shall be issued on account of allegations of
undervaluation unless said undervaluation is caused by the
submission to customs of forged or spurious invoice or other
commercial documents
Cost of physical examination
The costs of the physical inspection shall be borne by the Bureau:
Provided, That such cost shall be reimbursed by the owner prior to
the release of the goods if the physical inspection results in the
assessment of additional duties or taxes or the issuance of a warrant
of seizure.
POSITIVE FINDINGS: OWNER

NEGATIVE FINDINGS: BUREAU
ISSUANCE OF ALERT ORDER
MANUAL ISSUANCE:
1. E2M Customs Systems not available
2. For unmanifested cargoes/shipments
3. Entries processed under Informal entry
4. Export cargoes
IMPLEMENTATION
OF ALERT ORDER
Physical examination
• Under direct supervision and control of the District
Collector
• Shipment: 25 containers or more
• Containers to examine: 30% of the entire containers
Examination
• AO shall be given priority
•Undue delay in AO shipments
• Impose administrative and/or criminal action against
office/personnel causing delay.
Lifting of alert order
• Only be exercised by District Collector – with
authority of Commissioner
•Commissioner- Motu proprio
SEC. 1112. Alert Orders on Perishable
Goods.
– When the subject of the alert order are perishable goods,
the Bureau shall attach to the recommendation a certificate
stating that the goods are perishable.
MODULE 4:
Seizure and Forfeiture
proceedings
Sec. 1113. Property Subject to Seizure and Forfeiture.
– Property that shall be subject to seizure and forfeiture

(a) Any vehicle, vessel or aircraft, including cargo, which shall be used
unlawfully in the importation or exportation of goods or in conveying or
transporting smuggled goods in commercial quantities into or from any
Philippine port or place. The mere carrying or holding on board of smuggled
goods in commercial quantities shall subject such vehicle, vessel, aircraft, or any
other craft to forfeiture: Provided, That the vehicle, vessel, aircraft or any other
craft is not used as a common carrier which has been chartered or leased for
purposes of conveying or transporting persons or

B. Any vessel engaging in the coastwise trade which shall have on

board goods of foreign growth, produce, or manufacture in excess of
the amount necessary for sea stores, without such goods having been
properly entered or legally

(c) Any vessel or aircraft into which shall be transferred cargo unloaded contrary
to law prior to the arrival of the importing vessel or aircraft at the port of
(d) Any part of the cargo, stores, or supplies of a vessel or aircraft arriving from
a foreign port which is unloaded before arrival at the vessel's or aircraft's port of
destination and without authority from the customs officer; but such cargo, ship,
or aircraft stores and supplies shall not be forfeited if such unloading was due to
accident, stress of weather, or other necessity and is subsequently approved by
the District
(e) Goods which are fraudulently concealed in or removed contrary to law from
any public or private warehouse, container yard, or container freight station
under customs

(f) Goods, the importation or exportation of which are effected or attempted
contrary to law, or any goods of prohibited importation or exportation, and all
other goods which, in the opinion of the District Collector, have been used, are or
were entered to be used as instruments in the importation or the exportation of
the former;
(g) Unmanifested goods found on any vessel or aircraft if manifest therefor is
required
(h) Sea stores or aircraft stores adjudged by the District Collector to be excessive,
when the duties and taxes assessed by the District Collector thereon are not paid
or secured forthwith upon assessment of the
(i) Any package of imported goods which is found upon examination to contain
goods not specified in the invoice or goods declaration including all other
packages purportedly containing imported goods similar to those declared in the
invoice or goods declaration to be the contents of the
(j) Boxes, cases, trunks, envelopes, and other containers of whatever character used as
receptacle or as device to conceal goods which are subject to forfeiture under this Act or
which are so designed as to conceal the character of such
(k) Any conveyance actually used for the transport of goods subject to forfeiture under this
Act, with its equipage or trappings, and any vehicle similarly used, together with its
equipment and appurtenances. The mere conveyance of smuggled goods by such transport
vehicle shall be sufficient cause for the outright seizure and confiscation of such transport
vehicle but the forfeiture shall not be effected if it is established that the owner of the means
of conveyance used as aforesaid, is engaged as common carrier and not chartered or leased,
or that the agent in charge thereof at the time, has no knowledge of the unlawful act; and
Goods sought to be imported or exported:
(1) Without going through a customs office, whether the act was
consummated, frustrated, or attempted;
(2) Found in the baggage of a person arriving from abroad and undeclared by
such person;
(3) Through a false declaration or affidavit executed by the owner, importer,
exporter, or consignee concerning the importation of such, goods;
(4) On the strength of a false invoice or other document executed by the
owner, importer, exporter, or consignee concerning the importation or
exportation of such goods; or
(5) Through any other practice or device contrary to law by means of which
such goods entered through a customs office to the prejudice of the
government.

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MODULE 3:

Alerting officers recommend the:

POSITIVE FINDINGS: OWNER

B. Any vessel engaging in the coastwise trade which shall have on

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