Cases filed vs oil firms, individuals

The Bureau of Customs (BOC), through its Run After the Smugglers (RATS) campaign, has filed the following cases against oil firms and individuals suspected of oil smuggling and other illegal activities related to the importation of petroleum products.

Joselito Tibayan Magalona, president of Jetti Petroleum Inc. (based in Pasay City), for oil shipments with a total dutiable amount of P4.1 billion; Darwin S. Suico, broker and attorney-in-fact; and Dario C. Amolata, a broker based in Cagayan de Oro City.

Also listed as John and Jane Does were customs employees and other individuals who participated, directly or indirectly, in the illegal release of Jetti’s importation of diesel and unleaded gasoline.

Araceli Banaag, owner of BNW gas station in Zambales, who was charged with illegally bringing out of the Subic Freeport 14,000 liters of biodiesel.

Dennis Ang Uy, president and CEO of Phoenix Petroleum Philippines Inc., in connection with P5.14 billion worth of products. He was sued for various violations of the tariff and customs code, among them nonpayment of excise and value-added taxes, and nonsubmission of import documents such as invoices and bills of lading.

Included in the charge sheet were Jorlan Capin Cabanes, a Davao-based customs broker and several John Does and Jane Does, among them customs employees who conspired or colluded with other parties to defraud the government of revenue.

Rosario Tolentino Mamaril, reports and compliance officer of Filpride Resources Inc., which is based in the Subic Freeport Zone.

Also on the charge sheet were several John Does and Jane Does, among them customs employees who allowed Filpride to evade the payment of the correct VAT. The BOC RATS Group claimed that Filpride did not declare some 22,500 barrels of crude oil with a dutiable value of P57,228,111.

Pilipinas Shell was accused of “intentional misdeclaration’’ when it “declared unleaded premium gasoline in the entry as merely CCG (catalytic cracked gasoline) despite the fact that the covering invoice, bill of lading and inward foreign manifest clearly describe the shipment as unleaded premium gasoline.”

The BOC said that the company could be slapped with up to P24 billion in penalty for the violation.

Alleli Avila Arellano, major stockholder and broker of Cross Country Oil and Petroleum Corp. (based in Manila) and Arturo Marcelino Zapata, general manager.

Also charged were Samuel R. Mora, duties and VAT-refund representative of Cross Country; Jerome D. Canada, customs broker; and several John Does and Jane Does, among them customs employees who conspired or colluded with other parties to defraud the government of much-needed revenues.

The company, which has a capitalization of P3 million, was “able to import nearly P8.5 billion worth of petroleum products between March 2009 and September” 2010.

Paul Chi Ting Co, chair and owner of Oillink International Corp. based in Pasig City; Esther P. Magleo, president; and Janice Co Reyes, importation and finance manager.

Also included in the charge sheet were several John Does and Jane Does, among them customs employees who allowed Oillink to evade payment of the correct duties and taxes “through an elaborate scheme of underdeclaration and document falsification.”

Oillink did not report 6,000 metric tons or 44,000 barrels of diesel fuel in 2004.