MANILA – The 23 crew members of the two fuel tankers caught by Bureau of Customs (BOC) personnel in the act of illegally transferring unmarked fuel at the Navotas Fish Port will face charges for transporting unmarked fuel in commercial quantity.
In a resolution, the Navotas City Office of the Prosecutor said it found probable cause to indict the crew members of the MT Tritrust and the MT Mega Ensoleilee on charges of violation of Section 265-A of National Internal Revenue Code (NIRC), as amended by Section 80 of Republic Act (RA) 10963 or the Tax Reform for Acceleration and Inclusion (TRAIN) law.
“There is prima facie evidence and reasonable certainty of conviction in this case,” said the resolution dated Sept. 21 and made public Tuesday.
Under Section 80 of the TRAIN law, persons found to be engaged in the sale, trade, delivery, distribution, or transportation of unmarked fuel will be fined PHP2.5 million for the first offense, PHP5 million for the second offense, and PHP10 million for the third offense, as well as the revocation of license to engage in any trade or business.
In a statement, Commissioner Bien Rubio lauded the swift action by the Manila International Container Port Customs Intelligence and Investigation Service (MICP-CIIS) for conducting a fuel marking test on the spot that led to the arrest of the crew of the two fuel vessels.
“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,” he said.
The MT Tritrust was caught transporting 320,463 liters of unmarked diesel fuel, while the MT Mega Ensoleilee had 39,884 liters of unmarked diesel fuel.
The smuggled fuel was estimated to be worth PHP20.35 million.
BOC-CIIS director Verne Enciso assured that the Bureau, together with the Department of Justice (DOJ), will continue running after fuel smugglers and anyone involved in the illegal transfer of fuel, or paihi system.
“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,” he said.
The resolution also ordered that a preliminary investigation for the prosecution of additional charges in violation of Section 1401 of the CMTA for unlawful importation be conducted against the owner, manager, and/or corporate officers of the Megapower Petroleum and Shipping Corporation.
Intelligence Group Deputy Commissioner Juvymax Uy said the company 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 added. (PNA)