Following the pronouncement of the Department of Agriculture that a tougher case of violation of Anti-Agricultural Economic Sabotage (AGES) Act should be filed against the importers of seized frozen mackerel, the Agricultural Sector Alliance of the Philippines, Inc. (AGAP) lauded this, stating that such illegal activities have a huge impact on the local agriculture and fisheries sectors hurting farmers and fisherfolks. 

After presenting to the members of the media the P202 million worth of smuggled mackerel onboard 19 forty-foot containers at the Port of Manila on Monday, Agriculture Secretary Francis Tiu Laurel revealed that violation of the Republic Act (RA) No. 12022 or AGES Act, and not Customs Modernization and Tariff Act (CMTA) being pushed by the Bureau of Customs.

AGAP Partylist Rep. Nick Briones maintained that no smuggler has been incarcerated for violating CMTA, as it is futile because it is a bailable offense.

“Unlike the AGES, it is non-bailable, with lifetime imprisonment, five times the fine, and those involved should already be in jail,” he said. 

Signed into law by President Ferdinand Marcos Jr. last September 2024, the Anti-Agricultural Economic Sabotage (AGES) Act treats smuggling and hoarding of agricultural food products as economic sabotage when the value of goods exceeds P10 million. 

Agriculture Secretary Laurel said that those responsible for the smuggling may face charges under the Anti-Agricultural Economic Sabotage Act, since the value of the seized cargo is more than P10 million.

Briones said that many believe that smugglers will not be emboldened if there is no accomplice within customs.

“Nagtataka lang tayo bakit sa kabila ng mas mahigpit na batas, laging violation sa CMTA ang isinasampa? Why not turn-over the case to the NBI for them to investigate further and file a case in violation of the AGES Act. This is clearly technical smuggling and there was a misdeclaration, because it is worth P200 million, it is completely within the scope of the new law," Briones emphasized.

According to the BoC, containers from China were put on hold on 20 January 2025 after authorities received a request for an intrusive and non-intrusive examination from the Customs Intelligence and Investigation Service, following the same request from the Plant Quarantine Service-Bureau of Plant Industry due to pending compliance with PQS requirements.

On 13 February, an alert order was issued by the Office of the District Collector against the subject shipment to prompt further investigation.

Further, the BoC stated that upon the conduct of a physical examination witnessed by concerned parties on 18 and 19 February, they immediately ordered the issuance of a Warrant of Seizure and Detention for violation of Section 1113 in relation to Section 1400 of the CMTA.