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HomeCustoms & TradeTruck with unmarked fuel seized for violation of fuel marking program

Truck with unmarked fuel seized for violation of fuel marking program

  • A tanker truck carrying around 30,000 liters of unmarked fuel was apprehended for alleged violation of the fuel marking program
  • The truck was apprehended on May 21 at Brgy. Batangas II, Mariveles, Bataan during a spot inspection by the Bureau of Customs, Bureau of Internal Revenue, and Field Inspection Unit
  • The vehicle and seized fuel were taken into custody by BOC-Port of Limay

A tanker truck carrying more or less 30,000 liters of unmarked fuel was apprehended by government operatives for alleged violation of the fuel marking program, according to the Bureau of Customs (BOC).

The tanker truck was apprehended on May 21 at Brgy. Batangas II, Mariveles, Bataan during spot inspection by a team composed of the BOC, Bureau of Internal Revenue (BIR), and Field Inspection Unit (FIU).

BOC said the tanker truck laden with around 30,000 liters of diesel was not covered by a Withdrawal Certificate or other proof of payment of excise and value added tax. Upon testing by the FIU, the diesel was found completely unmarked, indicating no legal taxes were paid.

The truck driver identified as a certain “Victor Legaspi” and his helper identified as a certain “Clinton Legaspi” were detained at the detention facility of the Mariveles Police Station and subjected to inquest for alleged violation of the National Internal Revenue Code, as amended, and the Tax Reform for Acceleration and Inclusion (TRAIN) Law.

The tanker truck and the unmarked petroleum product were taken into custody by BOC-Port of Limay and subjected to seizure proceedings in accordance with the Customs Modernization and Tariff Act.

Marking of fuel products, whether imported or manufactured in the Philippines, will become mandatory five years after the TRAIN law took effect on January 2018. Fuel marking aims to curb oil smuggling and plug revenue losses arising from the illegal importation or misdeclaration of petroleum products.

READ: BOC-BIR field testing of fuel starts Apr 26

Part of the TRAIN Law are field testing activities, which BOC, BIR, and FIU started implementing last April following the issuance of Joint Circular (JC) 001.2021, signed by heads of the Department of Finance, BOC and BIR. The JC prescribes guidelines for the conduct of random field and confirmatory testing under the government’s fuel marking program.

READ: Additional rules cover random testing under fuel marking program

The random field and confirmatory testing covers gasoline, diesel and kerosene found in warehouses, storage tanks, gas stations and other retail outlets, and in such other properties or equipment, as well as in vessels, tank trucks, and similar fuel transporting vehicles.

Under JC 001.2021, the FIU is composed of officers from BOC and BIR deputized to conduct search, seizure and arrest functions in relation to petroleum products found to be unmarked, adulterated or diluted.

Petroleum products found without the official fuel marker or not containing the required level of official fuel marker will be slapped duties and taxes, inclusive of fines and penalties. They may also be confiscated and forfeited and may face the filing of the appropriate criminal case.

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