BOC: Navotas prosecutor recommends charges vs alleged fuel smugglers

MANILA, Philippines — The Navotas City Prosecutor has recommended smuggling-related charges against operators of two tankers caught illegally transferring unmarked fuel at the city’s port, the Bureau of Customs (BOC) said.

In a statement on Tuesday, BOC confirmed that the Office of the City Prosecutor of Navotas recommended the filing of charges against nine individuals aboard maritime tanker (M/T) Tritrust and 14 others on M/T Mega Ensoleilee, as there was “prima facie evidence and reasonable certainty of conviction in this case.”

The personnel were accused of violating Section 265-A of the National Internal Revenue Code (NIRC), amended by Republic Act 10963 — also known as the Tax Reform for Acceleration and Inclusion (TRAIN) law, which includes provisions on fuel marking — after BOC personnel from the Manila International Container Port Customs Intelligence and Investigation Service (MICP-CIIS) conducted on-the-spot fuel marking test.

“The operation last September 18 that led to the arrest of these individuals and the identification of the Megapower Petroleum and Shipping Corporation as the registered owner of the two vessels provided the necessary evidence needed for this case to prosper,” BOC Commissioner Bien Rubio said.

BOC-CIIS Director Verne Enciso meanwhile said that the BOC and the Department of Justice (DOJ) would continue to run after fuel smugglers and anyone involved in this so-called path system, where fuel is smuggled in smaller amounts to avoid detection.

“We’ve been monitoring these illegal activities for some time now and gathered the needed information not only to catch these perpetrators but to make sure that appropriate cases are filed against them. We are coordinating with other relevant agencies to stop those involved in this modus,” Enciso said.

Last September 22, BOC said that criminal complaints were filed against the owners and crew of two vessels.  According to BOC, the boat’s crew were caught smuggling the unmarked fuel.

Before this, the fuel in the ship failed the testing conducted by the BOC’s Enforcement Group.

READ: BOC files raps vs owners, crew of ships tagged in ‘paihi’ modus

Intelligence Group Deputy Commissioner Juvymax Uy said that the companies will possibly face charges in relation to violations of Section 1401 of the CMTA.

“A subpoena will be issued to the Securities and Exchange Commission to submit the latest GIS, or general information sheet, of the Megapower Petroleum. This will jumpstart the prosecutor’s investigation into the company and its activities relating to their possible involvement in the paihi system,” he noted.

Under the prosecutor’s recommendations, the suspects are required to shell out P250,000 for their temporary liberty.