Halukay: Constitutionality of Republic Act 4653 or the ban on foreign imported ukay-ukay

• Main Author: Bragado, Jethro I.
• Format: text
• Language: English
• Published: Animo Repository 2015
• Subjects: Used clothing industry > Law and legislation > Philippines; Business Law, Public Responsibility, and Ethics
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/2796
• Institution: De La Salle University

With a global trend of recycling used materials specifically clothing, a certain type of business in developing countries is flourishing. In this country it is called ukay-ukay in general. According to R. A. 4653 these ukay-ukay are prohibited if they are imported but some do not agree with the imported ukay-ukay being prohibited. This thesis aims to identify whether or not the ban on imported ukay-ukay is constitutional, with corollary issues on R.A. 4653 serving its purpose and keeping up with the current state of the country, tax implications of legalizing it, and its consonance with certain provisions of the Constitution. The study looked into the different provisions of the Constitution, jurisprudence, as well as studies about the industry and economy that would verify whether or not the ban on imported ukay-ukay is constitutional. For the better part, it was found that it is indeed unconstitutional and should be repealed. The previous bill, House Bill 5188, should be made a template or at least be a reference for making a new policy.