Malaysian vessel seized

SAN FERNANDO CITY, La Union – The Bureau of Customs (BOC) has confiscated the Malaysian vessel that was used in oil smuggling at the Poro Point port here last January.

Lawyer Edward Baltazar, BOC district collector, told The STAR that the MTUG Sungai Julan 1 and its cargo – 77,058 liters of crude oil – have been forfeited in favor of the government.

Baltazar, in his 12-page decision filed at the Office of the Commissioner last week, ordered that the vessel and oil be immediately placed in custody of the BOC’s Auction and Cargo Disposal Division.

He said the vessel and two of its 12 crew members violated Section 2530 of the Tariff and Customs Code of the Philippines (TCCP) for discharging oil to a private tanker at the seaport without necessary documents.

"The vessel unlawfully imported oil in commercial quantities tainted with fraud. As such, the crew as well as the other persons involved in the unlawful act employed fraud which deceived the government with the needed taxes," Baltazar said in his decision, a copy of which was obtained by The STAR.

Ship captain Muhhamad Tahir and chief engineer Ronald Sitompol, both Indonesians, along with six Filipino accomplices, were already slapped smuggling charges before the Department of Justice.

Baltazar argued that under Section 2530 of TCCP, any vessel, vehicle or aircraft which will be used in smuggling activities will be subjected to forfeiture.

"Forfeiture proceedings under the Tariff and Customs Laws are not criminal in nature, proof beyond reasonable doubt is not required in order to justify the forfeiture. A vessel found to be involved in smuggling is subject to forfeiture even if the owner disclaims knowledge of illegal use," Baltazar said in his decision.

He said the forfeiture proceedings were conducted properly with the presence of lawyers from the government and the ship’s owner and it was presided by lawyer Nestor Belen, a hearing officer from BOC-Manila.

Tahir testified that they only made an emergency shelter at Pier 2 due to bad weather condition and for the crew to buy food and water.

On Jan. 1, 2007, port guards caught the crew of MTUG Sungai Julan 1 transferring crude oil to a tanker owned by the Bauang Nisce Transport Corp. at Pier 2 without necessary permits.

After the incident, Customs personnel Maceda Luquingan and Boy Abalos, along with Maritime police Roderick Nebrida and quarantine officer Robert Daganta, allegedly tried to persuade port guards to disregard the incident but they refused.

Tanker driver Allan Laguna and the ship’s agent, Ropert Daganta, were also included in the charges.