SMUGGLING charges were filed on Thursday against the consignees and brokers involved in the disappearance of 1,910 container vans while being transshipped from Manila to the Port of Batangas between May and June.
But only administrative charges were recommended against 14 customs officials, including the deputy collector for operations of both POM and MICP, who were investigated in connection with the case.
Customs Commissioner Angelito Alvarez filed a case for criminal conspiracy to defraud the government of P240 million in duties and taxes against Loida Jalimao, proprietor and manager of Sea Eagle Trading; Lolita Clarin, proprietor and manager of LCN Trading; and Cecille San Diego, proprietor and manager of Moncelian Enterprises.
Also listed as respondents were Customs brokers Arceli Arellano, Merlyne Reyes and Diosdado Bagon.
The brokers assisted in the processing and facilitation for the release of the missing cargoes from about 1,910 containers.
Eight other employees of Bagon, who owns the D.G. Bagon Customs Services, were also listed on the charge sheet. They were Mathew Ponce, Percival Santos, Antonio Vinaviles, Rogelio Remillo, Ariel Dionisio, Mark Aguinaldo, and a certain Kristin and Sherly.
Alvarez said a total of 2,219 container vans covered by transshipment permits were processed between January and May at the Manila InternationaI Container Port (MICP) and the Port of Manila (POM) by the three importers.
However, the Batangas District Office acknowledged the receipt of only 309 container vans, claiming that the signatures of the Port of Batangas employees on documents presented by officials of POM and MICP as proof that the containers actually made it to Batangas were fake.
Transshipment cargo, according to the Tariff and Customs Code of the Philippines, refers to the movement of imported shipments under customs control from their original port of discharge to their final port of destination.
As practiced, the port of discharge allows the transshipment of containers to the port of destination where the consumption entry is filed and the payment of duties and taxes is made.
Records of the case showed that between January and May this year, the three consignees imported goods into the country with either the POM or the MICP as port of discharge. Instead of filing the regular consumption entry for the imported goods, the consignees and their brokers filed before the POM and the MICP accomplished transshipment permits, effectively changing the port of destination to Port of Batangas.
“With the aid and participation of several John and Jane Does, the permits were approved and the imported goods were, thus, taken out from the POM and the MICP for transshipment to the Port of Batangas where the goods were to be received, examined and finally, assessed the corresponding duties and taxes,” Alvarez said.
The Port of Batangas reported receiving only 309 of the 2,219 containers, thereby resulting in the loss of revenue in the form of duties and taxes.
Each container has a tax and duty of around P120,000.
The liability of the three consignees was bolstered by documents submitted by the shipping lines and freight forwarders showing that they claimed the security fee for the missing containers and the full refund of the deposit they paid for each container.
The results of investigation conducted by the BOC’s Investigation Division, headed by Fernandino Tuazon, showed that some customs officials and employees are also liable for the missing containers.
