BOC: No gag order on Shell P7.3-billion tax case

MANILA, Philippines - Customs Commissioner Napoleon Morales said yesterday he did not violate any gag order issued by a Court of Tax Appeals (CTA) judge as he is not aware of any order that prohibits him from talking about the government’s case against Pilipinas Shell Petroleum Corp. P7.34-billion unpaid taxes.

Morales earlier claimed that the judge handling the case of Shell used to work for the oil firm.

He told reporters that he was not worried about the contempt threats against him since he never publicly discussed the merits of the case.

Last week, the Bureau of Customs divulged information that presiding justice Ernesto Acosta worked as a fiscal service assistant for PSPC from 1975 until 1981, prompting Morales to file a motion requesting Acosta to inhibit himself from the case.

But instead of the judge answering allegations and ruling on the motion, the PSPC defended the judge, he said. Shell reportedly hinted that the bureau might be cited for contempt for going against the gag order.

“Why should I be afraid of being cited for contempt. It was not wrong that we filed a motion for inhibition. The filing of motion for inhibition is our right to protect the interest of the government or we can be charged with dereliction of duty,” Morales said.

He said instead of sidetracking the issue, the court should be fair and rule on their motion for Acosta to inhibit himself from handling the case.

Morales filed the motion for inhibition last week but Acosta has yet to reply.