SC upholds forfeiture of barge carrying prohibited oil

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The Bureau of Customs said the Supreme Court cited the use of the barge, which carried a prohibited cargo of used oil without the required importation permit to transport it, warranted the forfeiture of the vessel pursuant to Section 2530 (Property Subject to Forfeiture Under Tariff and Customs Laws) of the Tariff and Customs Code of the Philippines.
  • SC upholds forfeiture of barge carrying prohibited oil
  • Barge Cheryl Ann, owned by Gold Mark Sea Carriers Inc., carried a prohibited cargo of used oil without the required importation permit to transport it
  • The cargo owner leased the barge to transport undocumented cargo from Palau to a Philippine port
  • The barge was forfeited on June 17, 2013 for violating Section 2530 of the Tariff and Customs Code of the Philippines

The Supreme Court (SC) has upheld a Bureau of Customs (BOC) decision to seize and forfeit a barge that carried prohibited oil at Surigao port.

In an 11-page decision, the SC affirmed a BOC decision dated December 20, 2012 forfeiting the barge Cheryl Ann, owned by Gold Mark Sea Carriers Inc., for violation of Customs laws and a Department of Finance resolution on June 17, 2013 backing the BOC action.

The SC decision was promulgated in June 2021 but uploaded on the website only on December 2021.

BOC in a statement said the SC cited the use of the barge, which carried a prohibited cargo of used oil without the required importation permit to transport it, warranted the forfeiture of the vessel pursuant to Section 2530 (Property Subject to Forfeiture Under Tariff and Customs Laws) of the Tariff and Customs Code of the Philippines.

The cargo owner leased the barge to transport undocumented cargo from Palau to a Philippine port.

The barge was subjected to forfeiture under Section 2530 after Gold Mark failed to present other evidence disproving its knowledge and participation in the unlawful importation of the prohibited oil.

The BOC commended efforts of the Office of the Solicitor General in assisting and representing the BOC throughout the legal action and on other various legal issues concerning the Bureau.