Oilink

The Department of Justice (DoJ) has junked the smuggling raps hurled against Oilink International Corporation and its affiliate, Unioil Petroleum Philippines Inc., for lack of probable cause.

The cases were filed by the Bureau of Customs, indicting the officers and directors of the two firms for violation of Section 3601 and 3602 in relation to Section 2530 and Section 3604 of the Tariff and Customs Code of the Philippines.

The justice department ruling indicated that the investigating panel led by Prosecutor Arman De Andres found that the BoC allegations “failed to establish with certainty the acts attributable to the respondents that constitute unlawful importation under the Tariff and Customs Code.”

Oilink chief legal counsel Rodolf Britanico explained that criminal liability can only be ascribed against a corporate officer if his actual participation in the criminal act can be proven by quantum of evidence.

The DOJ resolution added: “there were no specific allegations of circumstances constituting the crime against Oilink and Unioil.” Cleared from smuggling violations are Oilink chairman Paul Chi Thing Co, Unioil President Kenneth Pundanera and other company officials.

The justice department further noted “the complaint in itself (is) inadequate to engender a reasonable conclusion as to the culpability of the respondents for the crime charged.”

The probe panel emphasized that Pundanera was able to disprove the charges by presenting evidence that the products in question, Gasoil and Mogas, were indeed procured locally. By MYRNA M. VELASCO, Manila Bulletin