Attached is the Presidential Memorandum Order No. 35 issued on November 9, 1998 by the President of the Republic of the Philippines entitled "PROVIDING GUIDELINES FOR THE IMPLEMENTATION OF PRESIDENTIAL ORDER DATED OCTOBER 2, 1998, ON DISPOSITION OF SEIZED AND FORFEITED MOTOR VEHICLES AND OTHER EQUIPMENT SCHEDULED FOR AUCTION."

For your information and guidance.

Adopted: 26 Nov. 1998

(SGD.) JULITA S. MANAHAN
Deputy Commissioner
Internal Administration Group

Memorandum Order No. 35

Providing Guidelines for the Implementation of Presidential Order Dated October 2, 1998, on Disposition of Seized and Forfeited Motor Vehicles and other Equipment Scheduled for Auction

In line with the memorandum to the Commissioner of Customs issued by the President dated October 2, 1998 regarding the issuance of clearance/approval by the Office of the President, through the Executive Secretary, prior to the release or assignment through Memorandum Receipt of seized and forfeited motor vehicles (passenger cars, dump trucks, graders, fire trucks, ambulance) and other equipment scheduled for auction, the following guidelines shall be strictly observed:

1. Only articles/vehicles declared forfeited or abandoned with finality by the Bureau of Customs, through its collection Districts shall be covered;

2. The Bureau shall, before the conduct of public bidding in the different Collection Districts, submit on a weekly basis to the Office of the Executive Secretary a list of the vehicles/articles scheduled for auction with the floor prices of the vehicles and equipment as determined by the District Collector under Section 3.1 of Customs Memorandum Order (CMO) No. 55-93 dated October 20, 1993;

3. Upon prior clearance from the Office of the Executive Secretary, the Bureau shall conduct a public bidding of seized and forfeited vehicles and equipment pursuant to CMO 55-93. If after two (2) public bidding there is no acceptable bid, the Bureau through its Auction Cargo and Disposal Division (ACDD) shall make a report to the Office of the Executive Secretary, clearly indicating where the articles/vehicles subject of the sale shall be available for disposition in accordance with the presidential instructions;

4. In all cases of final forfeitures and abandonment, the Office of the President through the Office of the Executive Secretary shall approve the clearance for the issuance of the Memorandum Receipts or order the auction of the motor vehicle/equipment in accordance with Customs Memorandum Order No. 55-93;

5. The Bureau shall submit immediately to the Office of the President through the Office of the Executive Secretary all Memorandum Receipts issued in favor of Government officials and offices;

6. All motor vehicles and equipment released through a Memorandum Receipt not in accordance with the above rules shall be recalled immediately and shall be reported to the Office of the President through the Office of the Executive Secretary for proper disposition.

Any violation of this Order by any Customs personnel shall constitute a ground for suspension or dismissal as circumstances may warrant.

This Order shall take effect immediately.

Adopted: 09 Nov. 1998