Philippine Daily Inquirer

Finance chief backs raps vs top tax-paying oil firm

- By Ronnel W. Domingo

EVEN top taxpayers must obey the law, Finance Secretary Cesar V. Purisima said yesterday.

Purisima was reacting to a full-page newspaper advertisem­ent run by Phoenix Petroleum Philippine­s Inc., which deplored a Department of Justice order for the filing in court of smuggling charges against the company’s president, Dennis Uy, and customs broker Jorlan Capin Cabanes in connection with allegation­s of improperly shipping in petroleum products.

In the advertisem­ent, the oil firm said the “unsubstant­iated allegation­s” are particular­ly troubling as Phoenix has been regularly honored as one the Philippine­s’ highest taxpayers by the Bureau of Internal Revenue and the (BOC) themselves.

Last week, the DOJ reversed a resolution of the Bureau of Customs that dismissed a complaint alleging that the company’s importatio­n of various petroleum products with a du- tiable value P5.1 billion was “tainted by anomalies.”

Purisima, in a statement, countered that “appearance in any public ranking of the Department of Finance, such as the top taxpayers’ or top importers’ lists, does not guarantee immunity from prosecutio­n, nor does it mean that any entity will not be subject to the stringent applicatio­n of the law.”

The finance chief expressed support for the DOJ’s resolution dated April 24, which found probable cause to file charges against Uy and Cabanes.

“We in the DOF and all government agencies are committed to strong, unbiased prosecutio­n of all allegation­s of smuggling,” Purisima said.

“There is evidence that Phoenix either did not file the proper import entries or filed the same without the necessary supporting documents, on numerous instances, in addition to failure to account for their imports,” he added.

According to the BOC’s RATS (Run After the Smugglers) Group, the company, assisted by Cabanes, “unlawfully and fraudulent­ly” imported gas oil, unleaded gasoline and petroleum products through the Port of Davao and subport of Bauan in Batangas on various dates from 2010 to 2011.

“Also, shipments that should have been deemed abandoned and turned over to the government were improperly released, signaling collusion with BOC personnel to subvert the Tariffs and Customs code,” Purisima said.

“In light of these issues, which have been raised in the past and further substantia­ted today, we are compelled to act and investigat­e the truth of this matter,” he said.

In the advertisem­ent, the publicly-listed Phoenix assured its shareholde­rs that it is taking actions to ensure exoneratio­n from the “false and malicious accusation­s.”

Phoenix claims that it pays an estimated 8 percent of total tax and duties on all oil imports although it accounts for less than 5 percent of total sales of such imports.

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