The Bureau of Customs (BoC) announced Tuesday that prosecutors have recommended filing charges against crew members of MT Tritrust and MT Mega Ensoleilee, the two fuel tankers allegedly caught illegally transferring smuggled fuel at the Navotas Port.

A seven-page inquest resolution from the Office of the City Prosecutor in Navotas City, dated 21 September 2024, found reasonable grounds for filing criminal charges against the crew of the two fuel tankers for violating Section 265-A of the National Internal Revenue Code (NIRC), as amended by Section 80 of Republic Act 10963, also known as the Tax Reform for Acceleration and Inclusion (TRAIN) law.

The resolution recommended filing cases against the 23 crew members of both vessels as it noted the failed fuel marking results initiated by the BoC. “There is prima facie evidence and reasonable certainty of conviction in this case,” the resolution stated.

Under Section 80 of Republic Act 10963 (TRAIN law), which amended Section 265-A of the NIRC, individuals found to be engaged in the sale, trade, delivery, distribution, or transportation of unmarked fuel will be fined P2.5 million for the first offense, P5 million for the second offense and P10 million for the third offense, as well as face revocation of their license to engage in any trade or business.

BoC-Customs Intelligence and Investigation Service Director Verne Enciso assured that the BoC, in coordination with the Department of Justice, will continue to pursue fuel smugglers and anyone involved in illegal fuel transfers or the “paihi” system.

“We’ve been monitoring these illegal activities for some time now and have gathered the necessary information not only to catch these perpetrators but also to ensure that appropriate cases are filed against them. We are coordinating with other relevant agencies to stop those involved in this modus,” he said.

The MT Tritrust was caught transporting 320,463 liters of unmarked diesel fuel, while the MT Mega Ensoleilee had 39,884 liters of unmarked diesel fuel. The estimated value of the smuggled fuel from both tankers is approximately P20,350,000.

Meanwhile, the resolution also ordered a preliminary investigation for additional charges against the owner, manager and/or corporate officers of Megapower Petroleum and Shipping Corporation for violations of Section 1401 of the Customs Modernization and Tariff Act related to unlawful importation.