CEBU, Philippines - The Bureau of Customs-Port of Cebu put on hold the departure of the Korean vessel M/V Dai Phat after her captain failed to explain, even after more than a month since arrival, the missing 1,823 sacks of NFA rice.
A total of 78,000 sacks of rice consigned to NFA for the account of Visayas Agri Trading Philippines arrived in Cebu last May 11 but the broker of the latter, Palapo Customs Brokerage, through its legal counsel Ralph Sevilla, requested the bureau to conduct an investigation to determine the circumstances behind the shipment.
Sevilla, in his letter to BOC district collector Ronnie Silvestre dated June 17, 2011, registered their opposition to the issuance of the necessary port clearance as the vessel and its crew came up short in the number of sacks it was supposed to deliver to them.
The 2,551-metric ton vessel is currently docked at Pier 6 in Cebu City.
Sevilla said that documents submitted by the master of the vessel, including the cargo manifest, bill of lading, stowage plan, etc., showed that a total of 78,000 bags of rice were loaded but when the unloading concluded only 76,177 were accounted for.
He said this is a direct violation of the declaration under oath of the master of the vessel, who made the entry and submitted all the shipping documents before the BOC-Port Operations Division.
“My client can present independent evidence not only of the specific fact of short-landing but evidence that shows specific act of deliberate or unlawful discharge of manifest cargo. This act is punishable under the Tariff and Customs Code of the Philippines,” Sevilla said.
Sevilla added that the master of the vessel refused to sign the Cargo Outcome Certificate and other documents showing the fact of last cargo discharged and even refused to answer when pressed for an explanation.
BOC-POD chief Edgar Galeos said facts clearly show that the cargos disappeared for some reasons indicating violation of Section 2522 of TCCP (Disappearance of Manifested Article) which imposes only a fine of P2,000.
The missing shipment is estimated to cost around P2.7 million at P1,500 per bag.
Galeos added that under Section 2533 of the same law, BOC can exercise power to seize the vessel and subject it to administrative proceedings.
BOC legal division chief Edward Dy-Buco said that the shipping company refused to pay the fine.
The vessel has been staying at the port for more than a month and also incurred at least P15,000 per day as payment wharfage fee and berthing fee, among others.
The vessel is manned by a Korean captain and 18 crew. — (FREEMAN)