For Disappearance of Ship, Customs Commissioner suspends five personnel

Cebu - The commissioner of the Bureau of Customs has suspended five personnel in relation to administrative charges filed against then in connection with the disappearance of M/V Philippine Dream last year.

BOC Commissioner Napoleon Morales suspended Capt. Benjamin Capacite, CCPD sub-port of Mactan chief; Customs seaman Marcelo Gaviola; Jessica Delgado, Boarding and Clearing officer; POD Inspector Vanessa de Madrazo; and Customs guard Ismael Abdulcadir.

Capt. Alfonso Abarriao, former Cebu Customs Police Division chief was not included as his motion for reconsideration is still pending while Luis Patriana, former Mactan Port Operations Division (POD) chief already retired from government service.

Morales, in his order, stated that the five officials were administratively charged with gross neglect of duty and conduct prejudicial to the best interest of the service.

The case stemmed on the disappearance of MV Philippine Dream, a floating casino and hotel.

In the order, Morales stated that Gaviola, who was the assigned duty to guard and secure the vessel, had seen that the vessel was being towed buy tugboat TB Masidra II.

Morales said that Gaviola kept the information to himself and never reported it to his immediate superior. The vessel was towed because a clearance was given by POD.

But, Morales said that Gaviola should have kept in mind that a hold order and a warrant of seizure and detention were issued against the said floating casino and hotel.

Capacite, due to his negligence was unaware that TB Masidra II had towed the vessel out of the Magellan Bay without his knowledge.

Morales added that it was only on June 10, 2008 that Capacite learned of the vessel’s disappearance when directed by Abbariao to submit a status report on the whereabouts of the vessel.

Morales added that because of such gross negligence, the said officials have caused the government a tremendous loss in the form of much needed revenue in the amount of P12,020,250.

M/V Philippine Dream was originally imported free of duties and taxes in 1994 pursuant to the privileges granted under the Omnibus Investment Code.

When the company stopped its operation in 2004, the Board of Investments cut all incentives granted to the company and ordered it to refund P49 million as tax of its capital equipment to the Bureau of Internal Revenue.

The amount, however, went up to almost P60 million including penalties and charges.

Last August 2006, BOC-Port of Cebu district collector Ricardo Belmonte issued a warrant of seizure and detention (WSD) against the vessel, and informed the BIR regarding Customs lien over the vessel in the amount of P12,020,250 representing unpaid duties.

Two years after, on June 8, 2008, Belmonte discovered the vessel was missing as it reportedly sailed to Bangladesh without paying the said amount and without proper authority. — Mitchelle L. Palaubsanon/NLQ (THE FREEMAN)