DOJ orders filing of smuggling rap vs Phoenix petroleum president, Customs broker

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MANILA, Philippines—The Department of Justice ordered the filing of over P5-billion smuggling complaint against a leading independent oil player Phoenix Petroleum Philippines Inc.

In a resolution dated April 24, 2013, the DOJ through Justice Secretary Leila De Lima, ordered the filing of charges for violation of the Tariff and Customs Code of the Philippines (TCCP) against Phoenix’ President and Chief Executive Officer Dennis Ang Uy and Customs Broker Jorlan Capiin Cabanes.

The two, the resolution stated, have personal knowledge “and direct participation in the operations of Phoenix, including the processing and release of shipments that were already abandoned in favor of the government for failure to file import entries within 30 days from discharge of goods.”

The resolution resolved the motion for reconsideration filed by the Bureau of Customs (BOC) and reversed its earlier resolution dated Nov. 16, 2012.

De Lima said the documents submitted by Phoenix “contain discrepancies, inconsistencies and variance—vis-à-vis the documents submitted by complainant relative to the shipment in question.”

For instance, the importations from June 2010 to November 2010 with a combined dutiable value of P589,523,451.772 are without import entries. While Phoenix submitted Import Entry Revenue Declaration (IERD), the BOC submitted documents showing that the IERD is about a different consignee and shipment.

While the imported Gasoil and Ron 93 Unleaded Gasoline at the Port of Davao from January to March 2011 worth P1,558,809,162.00, payments of duties were made late, hence, it was already deemed abandoned and became property of the government.

For the P1,962,839,557 June 2010 to April 2010 importation of various petroleum products, the DOJ said Phoenix submitted supporting documents but BOC submitted evidence that it was about a different shipment.

On the other hand, the P1,336,569,393 and P533,471,269 worth of shipment were not covered by the required Load Port Surveys.

“With all the discrepancies, inconsistencies and variance in the documents submitted by respondents vis-à-vis the documents submitted by the complainant relative to the shipments in question, we cannot sustain the finding in our resolution of Nov. 16, 2012 that dismissed the complaint against the respondent,” Justice Secretary Leila De Lima said.

On May 2011, the Bureau of Customs filed over P5 billion smuggling case against Phoenixfor non-payment of excise and value-added taxes, non-submission of import documents.

In 2009, Phoenix was ranked 211th among the countries top 10,000 corporations.

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  • http://twitter.com/Negastarr NegaStarr

    Is this different from the BIR’s usual Thursday presscon?

  • $30075310

    Phoenix is a publicly listed company. Even though they are big but if they broke the law then they should be punished. No excuses!

  • andy bonifacio

    In behalf of us overtaxed Filipino Citizens, may I ask the DOJ to please see to it this guy dennis uy does not suddenly need to go to St Lukes like lim/napoles of the 720 million peso fertilizer scam

  • Fulpol

    Dennis Uy, ilabas mo rin ang nalalaman mo..

    para mag-back off agad si De Lima..

    LOL

  • UrHONOR

    ECONOMIC SABOTAGE, if proven, BEE TAI kaagad. Sa dinami=dami ng mga MMM sa bayan, kapag linitis na isa-isa ang mga yan, magugunaw na ang mundo hindi pa mangangalahati ang mapapatawan ng paghahatol. Sa sandaling may mga ebidensya na binabalasubas ang bayan ng mga TNL na yan, wala ng silbi ang mga yagit na yan sa bayan, bagkus ay pabigat pa sa paguslong nito tungo sa tunay na kaunlaran. BEE TAI sa ANG UY yan.

  • Nimrod Suaez

    …. 40 billion in revenues are lost in smuggling….. finally DOJ orders filing smuggling charges against president of Phoenix Petrolium a publicly listed company.

  • noynoyingalways

    Wrong assessment again by DOJ LOOLz usual this will be dismissed in higher court for sure

  • ManongBloggerDotCom

    nothing but press release, hope PDI publish news like this when DOJ already filed the case not when they just ordered filing the case, meaning it did not happened yet.

    • http://twitter.com/erncastillo ern

      sala ka sa init…sala sa lamig…at ayusin mo yang english mo.

  • johnlordphilip

    Some big companies are the big smugglers. Running after them and their protectors in the BOC and other government agencies will certainly improve our economy.

  • BOYPDAF

    The ratio of filling and been charcged and convicted is like a ration of policeman to protect its citizens 1:1500!if you have 150,000 caes filed maybe 10 are convicted how cruel is the justice system in the phils

  • nano

    How long it takes to finish this case ? The court must give priority to cases who brings billions of pesos to government coffer . The government lost so much money which is badly needed for the education and health services . Those who are convicted must pay 300times more as the normal amount so that it doesnt bring to cheat the government.

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