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two more smuggling cases were dismissed

July 09, 2009

 

July 9, 2009

 

Two more oil smuggling cases against officials of Oilink International Corporation were junked by the Department of Justice for insufficiency of evidence and lack of merit.

 

This was the third and last smuggling cases against Oilink and Unioil Petroleum Philippines Corporation that were dismissed for lack of evidence.

 

In the first case, investigating prosecutor, Atty. 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,” the prosecutor said in his resolution.

 

The DOJ (through then Justice Secretary Raul Gonzales) then affirmed the findings of Mendoza dismissing the complaint for lack of probable cause.

 

For their part, the respondents points out that the complaint did not state with particularity the alleged participation of the officers and directors with respect to the acts complained of.

 

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 “no power nor authority” to file the case.

 

The DOJ resolution likewise stated that the anti-smuggling group has “failed to adduce any evidence that respondents have participated in any criminal acts related to the charges.”

 

PASG accused Oilink and its officers and directors of misdeclaration for understating the amount of petroleum products that it has imported on board M/T Port Louis in 2004.

 

But Oilink’s officers and directors refute the charges as it is based on “double hearsay.”

 

Oilink’s Chairman and Chief Legal Counsel, Rodolf Britanico said the rulings only affirmed their earlier commitment that the company, one of the country’s leading independent oil player, has not engaged in any smuggling or acts contrary to the law and the company’s ideals and visions.

 

Last week, the DOJ also junked a similar case against Oilink and Unioil filed by the BOC.

 

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.

 

But 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.”

 

There were no specific allegations of circumstances constituting the crime against Oilink and Unioil,” the prosecutor said in his resolution. by Leah Flor

 

 

 

Please refer to:

 

Ms. Leah C. Flor

Corporate Communications Officer

Mobile # (0906)-359-9139

email us at media@oilink.com