A Davao-based customs broker filed last Thursday charges of libel, grave misconduct and abuse of authority against Customs Commissioner Angelito Alvarez and Deputy Commissioner Gregorio Chavez in connection
with the P5-billion smuggling complaint leveled against him and Phoenix Petroleum Philippines Inc. by the Bureau of Customs (BOC).
Assisted by former Integrated Bar of the Philippines Davao chapter president Ceasar Europa, a certain Jorlan Cabanes, customs broker, filed the criminal and administrative charges with the Office of the Ombudsman in Mindanao charging that Alvarez and Chavez violated their “own rules and regulations” when they accused him (Cabanes) and Phoenix of “utterly ridiculous and untrue” charges.
“(Alvarez and Chavez) should be held criminally and administratively liable for their
actions,” saying that “we do not need nor should we have such oppressive and irresponsible people occupying such high government positions,” the customs broker said in a six-page affidavit. 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.
Earlier, the BOC filed with the Department of Justice (DOJ) a smuggling case against Phoenix for 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 in the BOC complaint.
Cabanes said that not only was he shocked by the filing of the smuggling case, he was also “very angry” because the accusations against him and Phoenix are 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 a 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.”
“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.
Meanwhile, Phoenix management has reportedly distanced itself from Cabanes’ action, saying that it was his own decision to file the charges against the two BOC officials. [With PR]
