Following the seizure of unmarked fuels seized by the Bureau of Customs that were discovered in two vessels allegedly involved in the illegal fuel transfer or “paihi” modus operandi at the Navotas Fish Port, the Bureau of Customs has recently filed an official complaint against the owners and some crew members of MT Tritrust and MT Mega Ensoleillee.

In the affidavit, the BOC sought to file cases against the crew members, operators, and owners of MT Tritrust and MT Mega Ensoleillee for violations of the Customs Modernization and Tariff Act, the National Internal Revenue Code, and the Tax Reform for Acceleration and Inclusion.

 “The filing of this complaint is one step toward the fulfillment of our mandate to serve the Filipino people in ensuring our borders are safe and secure,” the BoC said in a statement on Sunday.

According to the affidavit, the crew of the two vessels were caught “in flagrante delicto (in the act of)" smuggling unmarked fuel after a fuel marking testing conducted by Enforcement Group - Fuel Marking Agents on the diesel fuel aboard the two vessels yielded failed results.

“Clearly, the respondents were engaged in the illegal transportation of undocumented fuel given the results of the fuel marking testing, which resulted in "fail" results and their failure to present a Withdrawal Certificate and other pertinent documents evidencing fuel marking and payment of correct duties and taxes for the fuel in their possession,” the affidavit read.

“Thus, all fuel that is properly imported is fuel marked; on the contrary, unmarked fuel is presumed to be illegally imported,” it added.

BoC - Customs Intelligence and Investigation Services (BOC-CIIS) director Verne Enciso said that based on the diesel fuel inventory of the two vessels, MT Tritrust contained more or less 320,463 liters. At the same time, MT Mega Ensoleillee had 39,884 liters.

“As we earlier reported, the unmarked fuel found in those two vessels amounted to P20.35 million, while the MT Tritrust was valued at P245 million and the MT Mega Ensoleilee at P450 million,” he added.

The total value of the fuel and two fuel tankers found by the BoC amounts to P715,350,000.

The affidavit further stated that when the BoC team, together with the Philippine Coast Guard Task Force Aduana, asked the crew what they were doing in the area of the Navotas Fish Port, the captain answered that the vessels’ owners ordered them to stay in that area for bunkering.

However, when asked to present their bunkering permits, both captains admitted that they did not have one.

The registration documents presented by both vessels showed that Megapower Petroleum and Shipping Corporation owns MT Tritrust and MT Mega Ensoleillee.

Intelligence Group Deputy Commissioner Juvymax Uy, whose team received the derogatory information about the two fuel tankers, assured that appropriate cases were filed against Megapower Petroleum's directors, corporate officers, and responsible officers.

“As for the registered owners of these two vessels, we will not let them escape liability because whether or not they were aware of the circumstances of the vessels being involved in the paihi modus, they must still face legal consequences for allowing the use of their vessels in transporting smuggled fuel,” Uy said.

Nine crew of MT Tritrust and 16 crew members of MT Mega Ensoleillee, and the still unnamed owners of the vessels will face the complaints.