LPG station owners face trial for underfilling tanks
The Court of Appeals has upheld the resolution of the Chief State Prosecutor’s Office (CSPO) finding probable cause to indict the owners of a
In a 21-page decision penned by Associate Justice Ramon Bato, the Appellate Court’s Special Sixth Division granted the petition for certiorari filed by National Bureau of Investigation (NBI) supervising agent Marvin de Jemil, Petron Gas Dealers Association and Totalgaz Dealers Association.
The respondents in the petition were Justice Secretary Raul Gonzalez, Justice Undersecretary Ernesto Pineda and Omni Gas Corp. owners Arnel Ty, Mari Antonette Ty, Jason Ong, Willy Dy and Alvin Ty.
Records show that in 2004, the Shellane Dealers Association, Petron Gasul Dealers Association and Totalgaz Dealers Association requested the NBI to conduct a surveillance on several establishments, including Omni, suspected of underfilling LPG cylinders and illegal trading of underfilled LPG cylinders.
BP 33 penalizes illegal trading, hoarding, overpricing, adulteration, underdelivery, underfilling of petroleum products, and the possession for trade of adulterated petroleum products and of underfilled LPG cylinders.
The NBI conducted a test buy using eight empty LPG cylinders bearing the brand names Shellane, Gasul, Totalgaz and Superkalan Gaz. Omni refilled the cylinders at its refilling plant in San Miguel,
The LPG Industry Association inspected the LPG cylinders refilled by OMNI and found that they had no valve seals and one was underfilled.
OMNI denied ownership of the seized LPG cylinders in its affidavit.
Pineda said there was no probable cause to warrant the filing of a complaint against Omni, pointing out that the underfilled LPG cylinder seized during the test buy was “an isolated instance of underfilling.”
“Other than the one and only underfilled LPG cylinder, there is no indication of a pattern of underfilling that would show a willful act of deception or fraud on the part of OMNI,” the DOJ stated.
Gonzalez supported Pineda’s stance, prompting the petitioners to elevate the case to the CA, arguing that Pineda and Gonzalez committed grave abuse of discretion for ruling in favor of Omni and usurping the functions and authority of the Department of Energy.
In its decision, the CA stressed that nowhere in the provisions of BP 33 does it say that for underfiling or underdelivery of LPG cylinders to be punished, it must be shown that it was deliberately committed.
The CA noted that since the eight refilled cylinders were found to be without seals by two NBI agents and an informant “would strongly support a finding of probable cause” that Omni “committed the crime of underfilling LPG cylinders.” – Mike Frialde
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