DOJ files smuggling cases vs Bigcas, 5 'hot car' buyers

Manila, Philippines - The Bureau of Customs (BOC) yesterday filed before the Department of Justice (DOJ) smuggling cases against businessman Lynard Alan Bigcas and five buyers of the 29 “hot cars” that were allegedly illegally imported from the United States.

Also named respondents in the case were the registered owners of the reported smuggled vehicles – Noeh Alcala, Gilbert Omolon, Luke Alcala, Lyann Bigcas and Joshua Bigcas, all natives of Talakag, Bukidnon, said Customs Commissioner Angelito Alvarez.

Land Transportation Office (LTO) records showed that Bigcas is the registered owner of the 1999 Chevrolet Corvett with license plate KFT-537, Harley Davidson motorcycle with license plate OU5313, and Suzuki motorcycle (7015JB).

Alcala is reportedly the registered owner of a 2007 Dodge Charger, a Honda motorcycle and another Dodge Charger.

Omolon is the registered owner of 2007 Dodge Magnum and a 2006 Suzuki motorbike.

Alcala is the registered owner of a 2008 Kawasaki motorbike; Lyann is the registered owner of a Honda motorcycle while Joshua is the registered owner of the Big Dog chopper and a Suzuki motorcycle.

Lynard also reportedly brought in the used motor vehicles without obtaining Authority to Import from the Bureau of Import Services-Department of Trade and Industry.

They were also accused of falsifying public documents for registering with the LTO the vehicles under their names without securing a Certificate of Payment, a document given to attest that proper duties and taxes have been paid.

Records also showed that the luxury vehicles and motorcycles were allegedly smuggled into the country before the start of President Aquino’s term.

It was also learned in a recent House sub-committee hearing on customs and related laws that the vehicles seized by elements of the National Bureau of Investigation (NBI) from Lynard were initially registered in Tubod, Lanao del Norte and Molave, Zamboanga del Sur offices in 2009 and early 2010.

Customs Deputy Commissioner Gregorio Chavez, also the executive director of the BOC’s Run-After-the-Smugglers (RATS) Group, said there are indications that the “smuggled cars and big bikes were most likely withdrawn from Customs’ jurisdiction after being misdeclared as something else.”

Alvarez said 19 “hot cars” are under the custody of the NBI and the Philippine National Police, but hopes that these seized items would be turned over to them.

“The BOC would petition the NBI and the courts to immediately cede to the BOC the custody of the confiscated vehicles against which warrants of seizure and detention were issued as early as May 9 this year,” Alvarez said.

“The multiple violations by the respondents of anti-smuggling provisions of the Tariff and Customs Code warrant the forfeiture of all subject vehicles in favor of the Bureau of Customs.”

The argument is anchored on Section 1206 of the Tariff and Customs Code that states the BOC “shall hold possession of all imported vehicles upon which duties, taxes and other charges have not been paid or secured to be paid, disposing the same according to law.”

Alvarez instructed Chavez to file an amended charge sheet that would include the names of LTO officials and employees who connived in the registration of the seized vehicles.