Broker files raps against BOC officials

MANILA, Philippines - A Davao-based broker implicated in a large-scale smuggling attempt has filed a complaint against the Bureau of Customs (BOC) by accusing its officials of abuse of authority and grave misconduct.

In a six-page complaint-affidavit, customs broker Jorlan Cabanes accused Customs Commissioner Angelito Alvarez and Deputy Commissioner Gregorio Chavez of violating bureau rules and regulations in filing the smuggling charges against him which he claimed to be “utterly ridiculous, untrue and baseless.”

The BOC had filed a P5-billion smuggling case against Cabanes and Phoenix Petroleum Philippines Inc. before the Department of Justice (DOJ) last week.

The BOC accused Cabanes and Phoenix of failing to settle the excise and value-added taxes, non-submission of import documents such as invoices and bills of lading.

In filing his counter-complaint over the weekend, Cabanes charged Alvarez and Chavez of committed “libel, grave misconduct and abuse of authority.”

“(Alvarez and Chavez) should be held criminally and administratively liable for their actions. Simply put, we do not need nor should we have such oppressive and irresponsible people occupying such high government positions,” Cabanes said.

Cabanes said he is a licensed customs broker employed by Seadove Maritime Services Inc., whose clients include Phoenix, a company engaged in the business of trading refined petroleum products, lubricants and other chemical products.

The BOC alleged Phoenix, through Cabanes, had smuggled oil products from Thailand with a combined dutiable value of P5.14 billion from June 2010 to April this year.

Cabanes replied he was shocked when he was included in the filing of the smuggling case against Phoenix.

He said he was “very angry” because the accusations against him and Phoenix were baseless and unfounded.

Cabanes explained the importations made by Phoenix during the period stated were “duly documented and the duties and taxes thereon (had been) paid.”

Cabanes claimed the filing of criminal charges against him and Phoenix was in blatant violation of the BOC’s own rules and regulations, particularly Customs Memorandum Order No. 16-10, which gives an importer suspected to have misdeclared the value of his imports the chance to explain.

Cabanes said Section 4.4 of the memorandum order provides that if a customs collector has any reason to doubt the truth or accuracy of the declared value of an imported item, he is supposed to “communicate” with the importer stating the bases of his doubts. It also accords due process to the importer by giving him the opportunity to explain.

Cabanes said neither he nor Phoenix received “any communication about any discrepancy from the BOC.”

“Considering that, as cited above, it is mandatory for the BOC to communicate with the importer, the publication of the announcement of the BOC website and, assuming that there was indeed a case filed, the filing of criminal charges against Phoenix and me without any prior notice of any discrepancy as required by the BOC’s own rules and regulations clearly amounts to grave misconduct and a grave injustice not to mention a blatant violation of my constitutional right to due process,” Cabanes pointed out.

Cabanes said the unfounded allegations against him tarnished his reputation as a customs broker.

“I have been subjected to public humiliation, embarrassment, and even exposure to criminal prosecution without having been given the required opportunity to explain,” he said.