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    BOC bent on seized fuel sale, but is TRO’d
     
    By VG Cabuag and Paul A. Isla
    Reporters

    IGNORING small oil companies’ warnings of a looming fuel shortage in Metro Manila, the Bureau of Customs (BOC) said it may sell Friday petroleum products stored at Oillink International Corp.’s depot in Mariveles, Bataan.

    But late Thursday, Oillink's retail arm said it had obtained a temporary restraining order against Customs for three days, during which hearings on the matter had been set at the Court of Tax Appeals.

    In an interview before the TRO was obtained, Customs Commissioner Napoleon L. Morales said he is in no mood to compromise with Oillink since the company was caught smuggling.

    Morales said he has asked SGS Group, an international inspection and certification company, and other Customs surveyors to determine the amount of oil products that the government can sell.

    “I told them ‘sorry, you will have to pay.’ Oil players cannot use on me the premise that there will be an oil shortage because I will have no legal basis for lifting the lockup [of Oillink’s depot],” he said, adding that the country’s big three oil companies can fill up the possible supply reduction. “I was telling Mr. Paul Co [Oillink chairman] to pay now the P353.5 million [they] owe the government, and I will immediately allow the operations to resume.”

    A demand letter was sent to the company on June 5, and another on July 2, but Oillink still refused to pay, the bureau said.

    Oillink’s depot supplies an estimated 12 percent of the Philippines’ total fuel requirements, mainly serving the needs of more than 500 gasoline stations of  smaller oil companies.

    Meanwhile, various companies are also renting Oillink’s storage facilities, which were also included in the lockup. These include Cebu Pacific Air, which stores jet fuel at Oillink’s depot; Ginebra San Miguel for alcohol; Yokohama for diesel; Total Petroleum, Eastern Petroleum, Flying V, Seaoil, and Unioil for fuel oil; and Kajima for the asphalt needs of the Subic-Clark highway project.

    The small oil players on Thursday said the auction would truly imperil fuel supply in Metro Manila and nearby provinces.

    “If the issues are not resolved in the next few days, our fuel supplies stored in our city depots are already depleting, and are just good for 10 to 15 days,” said Fernando L. Martinez, chairman of the Independent Philippine Petroleum Companies Association (Ippca).

    Oillink, with a monthly capacity of one million barrels of oil, only stores about 300,000 barrels of fuel a month, which supplies 12 percent of the country’s total fuel requirements in more than 500 refilling stations all over the country.

    Although Ippca members may contract the lost supply from other sources, Martinez said this will take some time—at least a month, said sources—and entail additional costs that could lead to an increase in fuel prices.

    “We are against oil smuggling, and have in fact called the attention of the DOE to the very uncompetitive oil price being offered by some oil companies, and yet we are the ones now being subjected to such accusations and predicaments. Why are they doing this to us? Is it because we’re only small companies?” Martinez asked.

    The depot lockup on July 26 was part of a Customs program to track the previous oil shipments of various petroleum companies for possible misdeclaration.

    Earlier, the bureau, tasked to collect P228 billion in taxes for the year, said that Oillink only declared the entry for 26,964 metric tons (MT) out of the actual 32,492 MT it imported. According to Customs, this deficiency is estimated to reach P132.21 million in foregone duties and taxes. An additional payment of P221.28 million is being sought by the bureau to cover penalties, equivalent to eight times the revenue lost.

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