Manila South Harbor operator Asian Terminals Inc along with several importers and customs brokers are facing smuggling charges for their role in the supposed illegal release of 105 containers that were on alert order.
The Bureau of Customs through the Bureau’s Action Team Against Smugglers (BATAS) filed the case before the Department of Justice on April 6 against Asian Terminal Inc’s assistant vice-president for South Harbor Operations Steve Realuyo and shift manager Darwin Dalmacio.
The same charges were filed against the owners, officials and customs brokers of Premiere Oak Lumber & Wood Products Corporation, Spectrum Highlands Marketing Corporation,
Megaabundancesteel Indent Trading Corporation, Abundancegain Indent Trading Corporation, Paragon Platinum International Trading Corporation and Imperialfoods and Agricultural Prod.
Indicted are the following corporate officials and customs brokers of the six involved companies:
Premiere Oak Lumber & Wood Products Corporation:
- Juden Eslao, President
- Gerly M. Ebias, Director
- Severino G. Aycocho, Director
- Meldy A. Sayon, Treasurer
- Customs Brokers Homaidi Sarip Ibrahim, Mohammad Salman Cosain Amerol and Malik Nooman Regaro Molok
Spectrum Highlands Marketing Corporation:
- Rhea H. Tolosa, President
- Meldy S. Sayon, Director
- Customs Broker Mohammad Salman Cosain Amerol
Megaabundancesteel Indent Trading Corporation:
- Erin Jorge T. Sumile, President
- Mark Leo D. Magpayo, Vice-President
- Arwind Jay Caparros, Director
- Leonard S. Sucaldito, Director
- Customs Brokers Homaidi Sarip Ibrahim, Malik Nooman Regaro Molok, Mohammad Salman Cosain Amerol and Bernadine I. Miranda
Abundancegain Indent Trading Corporation:
- Abraham Torrecampo, President
- Allan V. Cajuban, Vice-President
- Jake T. Tordesillas, Director
- Mark Leo D. Magpayo, Treasurer
- Customs Broker Mohammad Salman Cosain Amerol
Paragon Platinum International Trading Corporation:
- Erin Jorge T. Sumile, Corporate Secretary/Operations
- Customs Broker Malik Nooman Regaro Molok
Imperialfoods and Agricultural Prod:
- Bernardo Lu Chong, President
- William S. Tan, Treasurer
- Emerson C. Tan, Director
- Alexander M. Lao, Directors
- Customs Broker Bernadine I. Miranda
“The cases were filed in compliance with the directive of Commissioner Isidro S. Lapena to go after those involved in the incident by filing the appropriate charges against them,” said lawyer Balmyrson Valdez, director of Legal Service and executive head of BATAS in a media statement.
Grounds for indictment
As part of the protocol of the Bureau of Customs, all alerted shipments are subject to 100% examination before its release.
“In the case of the 105 containers, the examinations were not conducted as the officers of the six corporations, with the assistance of their customs brokers and ATI all connived to secure the release of the containers from the ATI premises without the necessary examination,” Lapeña said.
READ: BOC probes unauthorized withdrawal of 105 containers from Port of Manila
All the 105 alerted containers were released by ATI without the required lifting order authorized by the Customs Commissioner, the BOC said.
ATI has earlier denied any wrongdoing when it released the shipments through its port.
READ: ATI denies misconduct in release of 105 containers on alert
“ATI released the containers after BOC issued a release instruction through the On-Line Release System (OLRS), part of BOC’s e2m Alert System, over which ATI does not have any control,” ATI said in a statement issued last week.
The port operator said release through the OLRS means that all duties and taxes have been paid and that there are no holds on the container.
ATI has not released a new statement after the smuggling charge against it was filed.
The illegal withdrawal of the subject containers is a violation of Sections 1401 (Unlawful Importation or Exportation) and Section 1424 (Removing Goods from Customs Custody) of the Republic Act No. 10863 otherwise known as Customs Modernization and Tariff Act of 2016.
The total dutiable value of all the shipments amounts to P69,675,171.00.
“We will make sure that importers, brokers and arrastre operators who blatantly violated Customs rules and regulations will face legal action and revocation of Customs accreditation. The BOC shall remain vigilant and will continue to carry-on the fight against those who disrespect and disregard the rule of law.
“We will also make sure that after our thorough investigation, those BOC personnel who are proven to be connected to this incident will be charged accordingly. Despite this case filing, our investigation will continue. We are probing deeper. Everyone who is responsible for this shameful act must pay,» Lapeña added.
Image courtesy of hywards at FreeDigitalPhotos.net
