Oilink

THE revenue losses of Oilink International Corp. might continue to swell until its pending administrative case with the Bureau of Customs (BOC) is resolved.

“Our revenue losses have already increased tremendously owing to the administrative case pending with the BOC,” Rodolfo Britanico, Oilink chairman and chief legal counsel, said in a press conference.

The Oilink official said BOC Resolution 1508 has been issued in 2007 which prohibits his company from importing petroleum products.

Britanico said it would senseless for his company to import since the products would be confiscated by the BOC under a warrant, seizure and detention order.

Britanico said it’s been almost two years since Oilink has been prohibited from importing. “[The losses] should be in the millions, but I cannot categorically say how much. But it’s already in the millions in terms of the loss of opportunity and loss of revenues,” he added.

The BOC resolution, according to Britanico, was a result of his company’s alleged failure to present sufficient documents that would support importations made two years ago.

Britanico said they are being asked to pay P2.7 billion in penalties and charges from their alleged failure to present and submit importation documents.

“We are still contesting the amount we are being asked to settle,” said Britanico, adding that if only they are given the chance to present their documents, they would get to prove that they have accounted and paid the commensurate custom duties and taxes of the fuel they import.

The Oilink executive said two other smuggling cases against officials of the company have been dismissed by the Department of Justice for insufficiency of evidence and lack of merit.

Britanico added that the rulings only affirmed an earlier commitment that the company has not been engaged in any smuggling.

In the first case, investigating prosecutor Raymond Chito-Mendoza said the Bureau of Customs, which initiated the filing of the charges, failed to produce sufficient evidence to warrant the case.

“The evidence on record is insufficient to support the findings of probable cause against the officers and directors of Oilink. A cursory reading of the complaint-affidavit of the BOC would reveal that they presented no concrete evidence to substantiate their accusation of smuggling and falsification against Oilink,” Mendoza said in his resolution.

 Britanico said even former Justice Secretary Raul Gonzales affirmed the findings of Mendoza, dismissing the complaint for lack of probable cause.

In the second case, the justice department also dismissed a similar complaint filed by the Presidential Anti-Smuggling Group and even chastised the latter saying it has “neither power nor authority” to file the case.

The Department of Justice resolution also said the antismuggling group has “failed to adduce any evidence that respondents have participated in any criminal acts related to the charges.”