Lina in another conflict of interest
New Customs Commissioner Alberto Lina. INQUIRER PHOTO/RICHARD A. REYES
MANILA, Philippines–New Customs Commissioner Alberto Lina is facing another conflict-of-interest issue, this time for ordering the release of broadcasting equipment belonging to GMA Network Inc. that had been ordered held by his predecessor, John Phillip Sevilla, for relying on “false” import permits from the National Telecommunications Commission (NTC).
In an April 28 memo, a copy of which was obtained by the Inquirer, Lina ordered the lifting of the Bureau of Customs (BOC)-issued alert order on the shipment that was handled by 2100 Customs Brokerage or 2100 CB—one of his companies.
The shipment—covered by airway bill Nos. INN 40462871, UCH 00909591, UCH 00909565 and MUC 81410098 and stored in the Pasay City warehouse of U-Freight, another Lina-owned company—was placed under BOC investigation in late November by the bureau’s Intelligence Group, citing violations of the Tariff and Customs Code of the Philippines.
In his directive, Lina cited the recommendation of the bureau’s law division and its revenue collection office at the Ninoy Aquino International Airport that “it would be highly improbable for GMA, a company well-known internationally for its credible reputation, to allow this illegal act as this would utterly and unnecessarily ruin its good name.”
Expired permits
On Dec. 1, 2014, Exequiel Cempron, director of the bureau’s Collection Service, reported to Sevilla that “the NTC import permits that were submitted to the Department of Finance and endorsed to the Collection Service regarding the [GMA Network] importations were discovered to be false.”
In another report to Sevilla and Deputy Commissioner Ma. Edita Tan, Cempron said four of seven NTC permits submitted by the network had not only expired but also had “different issuance and expiry dates,” indicating that they were fake.
Cempron also disclosed that during his meeting with lawyer Ferdinand Nague, 2100 CB president, the latter admitted that a certain Jason de Ramos, a representative of Dexter Pepanio, their licensed customs broker, had “submitted false import permits” covering the GMA 7 shipment.
Cempron’s discovery and Nague’s admission that the NTC permits were fake were later confirmed by NTC Deputy Commissioner Delilah Deles.
With the submission of fake import permits, the shipment could not be accorded the tax and duty-free privilege given to media equipment and was slapped full customs duties and taxes.
At this writing, Lina had yet to respond to the Inquirer’s request for an interview and comment on the issue.
For its part, GMA Network said the company “was not at fault” and “will never condone any illegal act.”
In a statement, it noted that “it is unfortunate that GMA Network is being drawn into certain issues against the Bureau of Customs due to our importation of broadcast equipment that are now being held by the BOC.”
GMA 7 ‘fully complied’
The firm said it “fully complied with all the requirements pertaining to the importation of the equipment which are necessary for upgrading our facilities.”
“The discontinuance of customs processing for the release of the equipment issued by the BOC was caused by the alleged infractions committed by an employee of our broker, 2100 CB. GMA had absolutely nothing to do with the alleged irregularities. The said employee has since been dismissed by 2100 CB and GMA has stopped engaging the services of 2100 CB for our new importations since the time the irregularities were discovered,” the network said.
In absolving GMA 7, the BOC law division said “the manner by which the NTC import permits were brought about should not be unfairly imputed against GMA Network precisely because the latter did not authorize Jason de Ramos, a mere representative of the customs broker, to do so.”
“What was done by De Ramos was an ultra vies act (an act beyond the authority of a corporation to perform) and this should not bind GMA Network. It would be highly improbable for GMA, a company well-known internationally for its credible reputation, to allow this illegal act as this would utterly and unnecessarily ruin its good name. Thus, the resulting consequence of such an act should be borne by Ramos alone,” it said.
It added: “The act may be due to the overzealousness of Ramos to swiftly process the release of the shipment. Still, the manner in which it was executed we still do not condone,” it added.
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