Cebuanas cry foul over smuggler tag

CEBU, Philippines - Two Cebuanas, an importer and a broker, vehemently denied involvement in any illegal activity after the Bureau of Customs (BOC) reportedly charged them before the Department of Justice as smugglers.

Through their legal counsel Edmund Lao, importer Maricris Solo-Wu and broker Fares Fel Roma requested BOC Commissioner Rozanno Rufino Biazon to re-evaluate the actions the bureau has taken against them.

"There was no misdeclaration of any kind by the company (Ocean Park Enterprises) or the broker and that the goods in the vans tally with their import declaration," read their letter-complaint.

They were referring to Wu's shipment of five 20-footer container vans loaded with green mungo beans that were the subject of Alert Order no. A/IG/20120322-105 issued by then BOC Deputy Commissioner Danilo Lim on March 22, 2013.

It can be recalled that BOC-Cebu issued alerts on all 20-footer container vans that arrived in Cebu between March to April after receiving information that thousands of rice shipment were being smuggled.

Lao is seeking clarification as the filing of supposed charges against his clients was aired over the television even though they have not receive yet a notice about it either from Biazon's office or from the DOJ.

"Given this situation, we consider it prudent to first seek clarifications and advise from your office as to whether such cases had in fact been initiated and filed against them," Lao said.

It was found out that Wu's shipment, which came from Myanmar, was not part of the 1,169 container vans loaded with rice from Vietnam that the BOC seized after several consignees wrongly declared the rice cargo as stone and wooden slabs.

Customs Examiner Rabel Abella, in her memorandum for former district collector Edward dela Cuesta dated March 25, 2013, said that upon examination of Wu's shipment, it was found out that the contents of the shipment were in order. 

Abella said Wu did not misdeclare the beans and that no violation of the Tariff and Customs Code of the Philippines, as amended, was committed.

Lim, who has since resigned from the BOC, even witnessed the opening vans containing the mungo beans when he personally inspected the seized smuggled rice in Cebu.

In view of Abella's findings, Director III Fernandino Tuason of the Customs Intelligence and Investigation Service (CIIS) made a first endorsement dated April 11, 2013 noted by Lim.

Forwarded to Office of the Commissioner, the endorsement stated that the CIIS interposes no objection to the lifting of the alert order against Wu's shipment.

On April 15, 2013, Atty. Geniefelle Lagmay, Biazon's chief of staff, made a second endorsement fowarded to dela Cuesta for the lifting of the alert order on Wu's shipment and for the BOC-Cebu to continue processing the release of her beans.

"To be consistent with these public records and findings, we earnestly request and pray that your Office urgently carry out and grant herein company and Ms. Wu all the pertinent relief and remedies in order to clarify the incident, clear them from any liability or involvement and ensure that their names and reputations are amply protected in public," added the letter-complaint.

Wu have been importing green mungo beans and other beans for the past 11 years and has no derogatory records with the BOC.

Besides, a source who requested anonymity also said mungo beans importation is tax-free under a World Trade Organization agreement.

"So walay rason nga there is no reason to) i-smuggle na nga shipment kay tax-free man na. Everything in this shipment is properly declared," the source said.-/RHM (FREEMAN)