Gov’t loses P6-B smuggling case vs oil firm

MANILA, Philippines - The government has lost its P6-billion smuggling case against oil company Phoenix Petroleum Philippines.

The Court of Appeals (CA) voided the finding of probable cause against Phoenix president and chief executive officer Dennis Uy and customs broker Jorlan Cabanes by the Department of Justice, effectively clearing them of charges of violating the Tariff and Customs Code of the Philippines.

 In a 70-page decision released Friday, the CA’s special former 10th Division granted their petitions assailing the Department of Justice resolutions in April last year approving their indictment for smuggling.

The ruling was penned by Associate Justice Ramon Bato Jr. Associate Justices Florito Macalino and Samuel Gaerlan concurred in this ruling.

The CA held that Justice Secretary Leila de Lima violated the petitioners’ right to due process when she did not give them chance to refute new evidence presented by the Bureau of Customs (BOC), which became the basis for her reversal of findings of prosecutors of lack of probable cause against the petitioners.

The CA further held that the prosecutors were correct in holding that the BOC failed to present evidence of fraud in relation to Phoenix’s importations for 2010 to 2011, which is very crucial in cases involving unlawful importation and fraudulent practices.