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Civil, criminal penalties eyed for ‘Balikbayan Box’ scam forwarders

admin March 3, 2025

OFW Party List Rep. Marissa “Del Mar” Magsino is pushing for tougher accountability measures against freight forwarders and consolidators involved in missing or undelivered balikbayan boxes, as concerns grow over fraudulent shipping practices victimizing Overseas Filipino Workers (OFWs). 

During a recent Technical Working Group (TWG) meeting, co-chaired by OFW Party List Rep. Marissa “Del Mar” Magsino and Department of Migrant Workers (DMW) Secretary Hans Leo Cacdac, stakeholders discussed possible legislative and administrative solutions to ensure ‘Balikbayan Boxes’ reach their intended recipients. The meeting follows two congressional hearings on House Resolution No. 499, authored by Magsino, which seeks to address widespread complaints from OFWs regarding mishandled or lost shipments. 

Among the issues raised was the need to hold consolidators and de-consolidators accountable through solidary or subsidiary liability in lost or undelivered balikbayan boxes. Lawmakers also explored requiring de-consolidators to post a performance bond as a prerequisite for accreditation with the Department of Trade and Industry (DTI) and the Bureau of Customs (BOC), ensuring financial accountability for lost shipments.

Apart from civil liability, another key point of discussion was the possibility of defining fraudulent practices in ‘Balikbayan Boxes’ shipments as criminal acts under either the Revised Penal Code or a special law. 

The panel also tackled proposed amendments to the Customs Modernization and Tariff Act (CMTA) to reinforce the tax exemption on balikbayan boxes and prevent their wrongful auction. Additionally, the TWG examined policies on reversing the “abandoned” status of ‘Balikbayan Boxes’ to ensure rightful owners can reclaim their shipments.

To further strengthen enforcement, the Department of Migrant Workers (DMW), Bureau of Customs (BOC), and Department of Trade and Industry (DTI) will draft a Joint Administrative Order (JAO) outlining clear guidelines on how erring consolidators and deconsolidators will be penalized should they fail to deliver balikbayan boxes to OFW families. This joint agreement aims to provide a structured mechanism for imposing sanctions and ensuring accountability across all parties involved in the shipping process. 

Determined to put an end to these abuses, Magsino issued a firm call to action: “We must act now. OFWs work hard to send these ‘Balikbayan Boxes’ to their families, and it is unacceptable that their trust continues to be exploited. We need real accountability, stronger safeguards, and immediate solutions. Let’s ensure that every ‘Balikbayan Box’ reaches its rightful owner, undamaged, untampered, and on time.” 

The TWG is expected to submit its final recommendations to the House Committee on Overseas Workers Affairs for possible inclusion in pending legislation or executive action.

Tags: balikbayan box scam

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