BOC wants to transfer car smuggling case to DOJ

MANILA, Philippines - The Bureau of Customs (BOC) is proposing that the smuggling case against car dealer Lynard Allan Bigcas be transferred from the Cagayan de Oro City court to the Department of Justice (DOJ) in Manila.

Customs Commissioner Angelito Alvarez yesterday said they are thinking of withdrawing the case earlier filed against Bigcas in Cagayan de Oro and file it with the DOJ in Manila to strengthen it.

“We will file a regular smuggling case (against Bigcas) because there might be questions on jurisdiction. We might be asked ‘why Cagayan de Oro’ when we have not yet established that the smuggling incident happened in Cagayan de Oro… We might be accused of forum shopping,” Alvarez said.

“For the meantime, our focus is on Bigcas because it is only him that we have a direct testimony. It is on record in Congress wherein he reportedly admitted that he did not pay the duties and taxes. We do not have any evidence of payment of taxes on the hot cars. We would use this as the basis in our filing,” he said.

Alvarez believes that filing the case with the DOJ, possibly tomorrow, would be better because the department is “all over the Philippines.”

The BOC and National Bureau of Investigation (NBI) filed charges against Bigcas last May 23 before the Cagayan de Oro City prosecutor’s office for alleged violation of the Tariff and Customs Code of the Philippines and Executive Order 156, which provides a comprehensive industrial policy and directions for the motor vehicle development program and its implementing guidelines.

Alvarez said he has assigned BOC Cagayan de Oro district collector Anju Castigador to coordinate with the NBI and the Cagayan de Oro prosecutor’s office.

At the moment, two Customs officials at the Mindanao International Container Terminal – head Lowell Medija and acting deputy collector for operations and administration Noah Dimaporo – will not be included in the charge sheet.

But Alvarez said BOC employees found in their ongoing probe to be involved in the alleged smuggling of 25 luxury vehicles and motorcycles from the United States, would be charged.

Dimaporo’s name was found in Bigcas’ “black book.” Cagayan de Oro first district Rep. Jose Benjamin Benaldo suggested to the House committee on customs, tariff and related taxes that Medija undergo a lifestyle check on allegations that he is living beyond his means.