Oilink seeks dismissal of BOC charges

MANILA, Philippines - Oilink International Corp., one of the country’s biggest oil importers, has called on the Bureau of Customs (BOC) to junk the administrative charges it filed against the oil firm after its smuggling cases were dismissed by the DOJ.

Oilink chairman and legal counsel Rodolfo Britanico, in a press briefing, said the smuggling cases against the company’s officials were junked by the Justice Department for insufficient evidence.

“Three smuggling cases have been dismissed, but the only one pending is the administrative case under Resolution 1508 before the Customs Bureau,” the official said.

Oilink’s depots, storage tanks and valves were ordered sealed pursuant to Sec. 1508 of the Tariff and Customs Code.

The hold order was in relation to Oilink’s tax deficiencies and penalties on fuel imports amounting to P2.7 billion.

“Resolution 1508 means that all importations by Oilink will be confiscated or be under the warrant, seizure and detention order so from the time the 1508 was issued there is no importation from Oilink. So if you’re looking at the revenue loss because of these cases. The revenue loss, in the part of Oilink, is tremendous,” he said.

Britanico is optimistic that the administrative case will also be dismissed so that Oilink can resume its importation of oil products. Oilink stopped importing two years ago because of the pending administrative case.

“The P2.7-billion case does not involve smuggling but is a result of a post-audit case, which means it is administrative in nature and not a criminal case. It pertains to the alleged failure of Oilink to present sufficient documents with regard to its importations in the last few years. It is a misconception that Oilink has been engaged in smuggling,” he said.

Britanico said the smuggling cases, including Resolution 1508 were “harassment cases” and they are contemplating filing countersuits against persons responsible.

“Whether or not this (harrasment) is sponsored by somebody or the big three oil firms, I cannot say that but if you ask me if this is a harassment case, yes I will confirm that these cases are harassment cases,” he explained.

Oilink said investigating prosecutor Raymond Chito-Mendoza has ruled that the Bureau of Customs, which initiated the filing of the charges, failed to produce sufficient evidence to warrant the case the first smuggling case.