220 ‘smugglers’ now facing charges at the Department of Justice

P7.4 million shabu, P2.3 million ‘ukay-ukay’ seized in Clark, Cebu

On Sep 20, 2021

Two members of the BOC Action Team Against Smugglers (BATAS), swear as to the veracity of the charges they brought against two more consignees and their customs brokers before a prosecutor from the Department of Justice. From January up to September 9, 2021, BATAS has already prosecuted 220 individuals for smuggling (photo credit: BOC-PIAD)

THE Bureau of Customs (BOC) under Comm. Rey Leonardo Guerrero, continue to frustrate the effort of unscrupulous traders and customs brokers to getaway with their smuggling activities with the number of those charged for smuggling before the Department of Justice now standing at 220 persons.

In a statement last September 9, 2021, the BOC said that its ‘Action Team Against Smugglers (BATAS), has so far filed 69 criminal complaints against the 220 individuals from the start of the year up to September 9, 2021.

Of this number, a separate administrative complaint involving 48 customs brokers have also been filed by BATAS before the Professional Regulation Commission (PRC) in order to have the customs brokers license of the accused cancelled or suspended.

BATAS is under the supervision of the Revenue Collection and Monitoring Group (RCMG) under deputy commissioner, Atty. Vener Baquiran.

The latest to be charged are two more traders and their customs brokers for the attempted smuggling of P89 million worth of misdeclared vehicles, cigarettes, used clothing, and other goods.

The first complaint was filed against the officials and customs broker of ‘Shemala International Commercial Equipment Wholesaling’ for the attempted smuggling of cigarettes at the Port of Subic last August 2, 2021, worth P69.7 million.

The suspects were charged for violating RA 10863 (Customs Modernization and Tariff Act, CMTA), in relation to Customs Memorandum Order (CMO) 20-2006; Tax Reform Acceleration and Inclusion Law; National Tobacco Administration (NTA) Board Resolution 079-2005; National Tobacco Memorandum Circular No. 03, s. 2004; Intellectual Property Code of the Philippines; and, the Revised Penal Code.

The second complaint is against ‘JLFDM Consumer Goods Trading’ and its customs broker for the attempted smuggling of 1 unit used Ferrari Scuderia, 3 units of used Mercedes Benz (SLK55, SLK350 & E22), 1 unit used Porsche Boxster, 2 units used Toyota MRS, 79 bales of used clothing, and other goods with a total value of P19,5 million last May 23, 2021 at the Manila International Container Port (see also Pinoy Exposé Volume 2, Issue No. 21).

The respondents are facing 2 counts for violation of RA 10863 in relation to EO 877-A, Series of 2010, otherwise known as “The Comprehensive Motor Vehicle Development Program” and, RA 4653, which bans the commercial importation of used clothing for health reasons.

Drug seizure in Clark, “ukay-ukay” in Cebu

At the Port of Clark, the joint BOC- Philippine Drug Enforcement Agency (PDEA) team seized 1.1 kilos of ‘shabu’ valued at P7.4 million loaded inside a shipment declared as ‘electric airpot flask’ from Malawi, a country in Africa.

A Customs Officer at the Port of Clark examining the shipment of shabu from Malawi on its arrival that was hidden inside two canisters of ‘air teapot flask’ (photo credit: BOC-PIAD).

The shipment held on arrival last September 14, 2021, after it raised suspicion during ‘non-intrusive’ (X-ray) examination.

Samples taken subsequently confirmed the substances found to be shabu that led to their immediate confiscation based on an ‘WSD’ (warrant of seizure and detention) issued by district collector Alexandra Lumontad. The seized drugs has been turned over to the PDEA for custody.

At the Port of Cebu, 288 bales of used clothing (“ukay-ukay”) worth P2.3 million from South Korea was immediately seized by the bureau on arrival.

District Collector Charlito Mendoza, in a report to Guerrero, said he immediately approved the request by the local Customs Intelligence and Investigation Service (CIIS) for the issuance of a ‘pre-lodgement control order’ (PLCO) against the shipment on its arrival last September 7, 2021.

The 100-percent physical examination that followed confirmed the intelligence report that the shipment actually consisted of used clothing.

The confiscation is the second seizure at the Port of Cebu involving used clothing, a banned article, in the last two months.

Last July, 15, 2021, the Port of Cebu also seized a shipment of used clothing from Thailand worth P4.5 million also seized a shipment of “ukay-ukay” from Thailand worth P4.5 million (see also Pinoy Exposé Volume 2, Issue No. 29).

At the Port of Cagayan de Oro, P30 million worth of smuggled cigarettes were destroyed last September 8, 2021, in compliance with Guerrero’s standing order to immediately destroyed confiscated smuggled goods to prevent theft and pilferage.

CDO district collector, Atty. Elvira Cruz, in a report to Guerrero, said the destruction was conducted at the ‘Digama Warehouse and Destruction Facility’ in Bgy. Bayabas, Cagayan de Oro.

The destruction covered 977 master cases of cigarettes equivalent to 48,850 reams.

The shipment was consigned to one ‘Lorna Oftana’ and was declared as ‘personal effects’ on its arrival at the Mindanao Container Terminal last May 20, 2021 (see also Pinoy Exposé Volume 2 Issue No. 20).