The crew of MT Tritrust and MT Mega Ensoleilee, the two fuel tankers caught by the Bureau of Customs (BOC) in the act of illegal transfer of smuggled fuel at Navotas Fish Port, will face charges for transporting unmarked fuel in commercial quantities.

The seven-page Inquest Resolution dated September 21, 2024, from the Office of the City Prosecutor of Navotas City showed that the prosecutor found prima facie evidence and reasonable certainty of conviction for filing criminal charges against the crew of the two fuel tankers for violation of Section 265-A of the National Internal Revenue Code (NIRC), as amended by Section 80 of Republic Act No. 10963, or the Tax Reform for Acceleration and Inclusion (TRAIN) Law.

BOC Commissioner Bienvenido Y. Rubio lauded the swift action by the Manila International Container Port Customs Intelligence and Investigation Service (MICP-CIIS).

The Inquest Resolution, which recommended the filing of cases against the twenty-three (23) crew members of both vessels, took note of the failed fuel marking results initiated by the BOC.

Under Section 80 of Republic Act No. 10963 (TRAIN law), which amended Section 265-A of the NIRC, persons found to be engaged in the sale, trade, delivery, distribution, or transportation of unmarked fuel will be fined P2.5 million for the first, P5 million for the second, and P10 million for the third offense, as well as the revocation of their license to engage in any trade or business.

BOC-CIIS Director Verne Y. Enciso assured that the BOC, together with the Department of Justice (DOJ), will continue running after fuel smugglers and anyone involved in the illegal transfer of fuel or “paihi” system.

“We’ve been monitoring these illegal activities for some time now and gathered the needed information not only to catch these perpetrators but to make sure that appropriate cases are filed against them. We are coordinating with other relevant agencies to stop those involved in this modus,” he said.

MT Tritrust was caught transporting 320,463 liters of unmarked diesel fuel, while MT Mega Ensoleilee carried 39,884 liters.

The smuggled fuel from both tankers was estimated to be worth P20,350,000.00.

Meanwhile, the Resolution also ordered that a preliminary investigation be conducted on additional charges for violation of Section 1401 of the Customs Modernization and Tariff Act (CMTA), or unlawful importation against the owners, managers, and/or corporate officers of the subject fuel tankers.

Intelligence Group Deputy Commissioner Juvymax Uy said that the company may face charges in relation to violations of Section 1401 of the CMTA.

“A subpoena will be issued to the Securities and Exchange Commission to submit the latest GIS, or general information sheet, of the subject company. This will jumpstart the prosecutor’s investigation into the company and its activities relating to its possible involvement in the paihi system,” he explained.

The BOC will remain relentless in its efforts to combat fuel smuggling in all forms, including the “paihi” modus, and will continue to closely coordinate with the DOJ in its investigations of illegal fuel transfers.