To prove that they are true to its mission to end fuel smuggling in the country, the Bureau of Customs said prosecutors have recommended filing raps against crew members of MT Tritrust and MT Mega Ensoleilee, the two fuel tankers caught in the act of illegal transfer of smuggled fuel in the Navotas Port recently.

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

The Resolution, which recommended the filing of the cases against the 23 crew of both vessels, took note of the failed fuel marking results initiated by the BoC.

“There is prima facie evidence and reasonable certainty of conviction in this case,” the resolution read.

Under Section 80 of Republic Act No. 10963 (TRAIN law) that amended 265-A of the NIRC,  persons 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 the revocation of license to engage in any trade or business.

BOC-CIIS Director Verne Enciso assured that the BOC, together with the Department of Justice (DOJ), will continue running after fuel smugglers and anyone involved in the illegal transfer of fuel, or paihi system.

“We’ve been monitoring these illegal activities for some time now and gathered the needed information not only to catch these perpetrators but to make sure 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 smuggled fuel from both tankers was estimated to be more or less worth P20,350,000.

Meanwhile, the resolution also ordered that a preliminary investigation for the prosecution of additional charges in violation of Section 1401 of the CMTA for unlawful importation be conducted against the owner, manager, and/or corporate officers of the Megapower Petroleum and Shipping Corporation.

The BoC also maintained that it will continue to be relentless in its efforts against fuel smuggling in all forms, including the “paihi” modus. It is closely coordinating with the DOJ in its investigations regarding the illegal fuel transfer, or “paihi” modus.