Customs broker files counter charges against BOC officials

MANILA, Philippines -  The Davao-based broker implicated by the Bureau of Customs in its P5-billion smuggling complaint against Phoenix Petroleum Philippines Inc. before the Department of Justice (DOJ) last week has fought back and filed counter-charges against top BOC officials.

In a six-page complaint-affidavit, customs broker Jorlan Cabanes accused Commissioner Angelito Alvarez and Deputy Commissioner Gregorio Chavez of violation of BOC rules and regulations by filing the smuggling charges which he claimed to be “utterly ridiculous, untrue and baseless.”

He alleged that the two officials committed “libel, grave misconduct and abuse of authority.”

“(Alvarez and Chavez) should be held criminally and administratively liable for their actions. Simply put, we do not need nor should we have such oppressive and irresponsible people occupying such high government positions,” Cabanes said.

Cabanes is a licensed customs broker employed by Seadove Maritime Services Inc., whose clients include Phoenix, a company engaged in the business of trading refined petroleum products, lubricants and other chemical products.

Last week, the BOC filed with the Department of Justice (DOJ) a smuggling case against Phoenix stemming from its alleged “non-payment of excise and value-added taxes, non-submission of import documents such as invoices and bills of lading.”

The case was based on the report of the BOC’s Run-After-the-Smuggler (RATS) Group headed by Chavez.

According to the BOC, Phoenix smuggled oil products from Thailand with a combined dutiable value of P5.14 billion from June 2010 to April this year. Cabanes was also named respondent to the BOC complaint.

Cabanes said not only was he shocked by the filing of the smuggling case, he was also “very angry” because according to him, the accusations against him and Phoenix were baseless and unfounded.

Contrary to BOC’s claim, Cabanes said the importations made by the independent oil player during the period stated were “duly documented and the duties and taxes thereon paid by Phoenix.”

Worse, Cabanes said the filing of criminal charges against him and Phoenix was in blatant violation of the BOC’s own rules and regulations, particularly Customs Memorandum Order No. 16-10, which gives an importer suspected to have misdeclared the value of his imports the chance to explain.

Section 4.4 of the memorandum order provides that if a customs collector has any reason to doubt the truth or accuracy of the declared value of an imported item, he is supposed to “communicate” with the importer stating the bases of his doubts. It also accords due process to the importer by giving him the opportunity to explain.

Cabanes said neither he nor Phoenix received “any communication about any discrepancy from the BOC.”

“Considering that, as cited above, it is mandatory for the BOC to communicate with the importer, the publication of the announcement of the BOC website and, assuming that there was indeed a case filed, the filing of criminal charges against Phoenix and me without any prior notice of any discrepancy as required by the BOC’s own rules and regulations clearly amounts to grave misconduct and a grave injustice not to mention a blatant violation of my constitutional right to due process,” Cabanes pointed out.

“By making public unfounded allegations of defrauding the government and complicity in smuggling against me, my reputation was unjustly and irreparably tarnished by the persons responsible. I have been subjected to public humiliation, embarrassment, and even exposure to criminal prosecution without having been given the required opportunity to explain,” he added.