The Bureau of Customs (BOC) has filed five criminal cases against several importers and customs brokers, accusing them of smuggling more or less P20.5 million worth of shipments with an estimated aggregate duties and taxes of P9 million.
Charged on September 24 before the Department of Justice for large-scale agricultural smuggling were the officers of Malaya Multi-Purpose Cooperative—Oscar G. Catacutan, Mario Briones, Eddie Lalu, Randy Turla, and Alfredo Guevarra—and customs broker Mary Faith Duran Miro for the misdeclaration of P2.5 million worth of onions. The importation consisted of four containers of onions which were concealed behind cartons of apples and pears, BOC said in a statement. A common modus of smugglers of onions is to hide the commodity behind boxes of fruits such as apples, it added. Onions are imposed 35% tariff while apples have 0% tariff.
The second criminal case has been filed against Stanley Tan, owner of the P9.4 million worth of shipment of counterfeit cigarettes and assorted beauty products. Tan has been charged with violation of Section 224 (Power to Inspect and Visit), Section 118 (f) (Prohibited Importation and Exportation) in relation to Section 1430 (Violations of This Act and Rules and Regulations in General) of the Customs Modernization and Tariff Act (CMTA) and Section 166 (Goods Bearing Infringing Marks or Trade Names) of Republic Act (RA) No. 8293 or the Intellectual Property Code of the Philippines (IPC).
Charged in the third case were Samuel M. Alvarado, president and major stockholder of Pherica International Corporation, and customs broker Nazario S. Maglanque for the unlawful importation of plush toys. The importation, estimated at P500,000, was made without the required import permit from the Food and Drug Administration (FDA) and in violation of RA 9711 or the Food and Drug Administration Act of 2009, BOC said.
The fourth smuggling charge involved Ismael Tayuan Malingco, owner of IT Malingco, and customs broker Erlinda V. Dumalaog, for the importation of foodstuff, air fresheners, shampoo, and other commodities without the appropriate permit from the FDA. The shipments, with an estimated value of P6.5 million, were destroyed last September 14 at Tritek Reverse Logistics, a BOC-accredited condemnation facility located in San Pedro, Laguna.
Charged in the fifth criminal case was Marnie B. Seguiran, owner of Power Buster Marketing, for importing P1.6 million worth of fireworks and firecrackers which were declared as footwear, according to BOC. Seguiran faces charges of violating Section 1401 (Unlawful Importation or Exportation) in relation to Section 117 (Regulated Importation and Exportation) of CMTA and Section 6 of RA 7183, or the Act Regulating the Sale, Manufacture, Distribution, and Use of Firecrackers and other Pyrotechnic Devices.
Customs Commissioner Isidro Lapeña, in a press briefing on the same day of the filing of charges, said BOC has been aggressively going after smugglers and violators of customs laws.
He noted Bureau’s Action Team Against Smugglers or BATAS under the Legal Service office of BOC has been actively pursuing the prosecution of those who attempt to defraud the government by not paying the correct duties and taxes.
“We will be relentless in our efforts to apprehend smugglers and their cohorts. We will not stop. There will be no holy cows in this area. All those found guilty of violating the customs laws should be in jail,” Lapeña said.
