BOC FILES SWEEPING SMUGGLING RAPS AT DOJ
Over 2025 smuggling incident at Subic Port during the term of Collector Noel Estanislao
THE Bureau of Customs (BOC) under Commissioner Ariel F. Nepomuceno on Tuesday filed six smuggling cases at the Department of Justice (DOJ) that include not only the consignee and the customs broker but also, personnel at the Port of Subic allegedly involved in smuggling.
The complaint for misdeclaration under Section 1401 of RA 10863 (Customs Modernization and Tariff Act) covers the smuggling incident at the Port of Subic last June 2025 during the term of District Collector Noel Estanislao, now the Enforcement and Security Service (Customs Police) director.
With the latest complaints, the BOC has now filed a total of 96 criminal cases involving 288 respondents before the DOJ.
The agency has likewise recorded ₱13.7 billion worth of seizures from 2025 through 2026, reflecting its sustained efforts to prevent the entry and movement of illicit and misdeclared goods and protect legitimate trade and the general public.
Last Tuesday’s filing involved ‘Berches Consumer Goods Trading’ where 15,029 sacks of fresh white onions and 2,164 boxes of fresh carrots misdeclared as “chicken lollipops” were found from its shipments with an estimated value of ₱17.5 million.
The apprehension, however, is allegedly part of se
veral shipments of agricultural products by the consignee in several batches totaling more than ₱59 million. They arrived without the required Sanitary and Phytosanitary Import Clearance (SPSIC) from the Bureau of Plant Industry.
It can be recalled that the scandal resulted to a Senate inquiry starting in August last year where Juan ‘Joey’ San Andres, Chief of the Assessment Division, was ordered detained by senators after being cited with contempt for giving misleading and contradictory statements.
The investigation also named Jovelyn Berches Daria as the owner of Berches Consumer Goods and the customs broker as Brenda de Sagun.
Daria and de Sagun admitted that Berches is a ‘consignee-for-hire,’ an anomaly that continues despite already being unmasked by previous congressional investigations and where the BOC has been repeatedly warned to be wary of.
The investigation also identified San Andres as behind the diversion of 3 containers brought in by Berches to a non-existent warehouse in Angat, Bulacan, allegedly for physical examination. However, after the Department of Agriculture (DA) protested, the containers were brought back to Subic.
The complaints against the concerned BOC officials and personnel is for violation of Section 1431 (c), (e), and (f) of the CMTA, which penalizes, among others, the willful neglect of duties enjoined by law, providing an opportunity for or failing to perform an act with the intent to enable another person to defraud the government of customs revenue, and negligently or designedly permitting another person to violate the law.
Commissioner Nepomuceno stressed that the BOC will relentlessly pursue not only smugglers and their accomplices, but also any Customs official or employee found to have participated in, facilitated, or benefited from illegal activities.
He also commended the current strong partnership between his office and the National Bureau of Investigation (NBI) under Director Melvin Matibag after NBI agents nabbed several Subic personnel in the act of selling smuggled chicken meat that are destined for condemnation during an operation in Sta. Maria, Bulacan.
“Wala tayong pagtatakpan at hindi natin kukunsintihin ang anumang paglabag, lalo na kung may pagtatangkang abusuhin ang ating mga proseso.
“Importer man, broker, o kawani ng Customs, kung may sapat na ebidensya, gagawin natin ang nararapat at ihaharap ang kaso sa tamang proseso. Ang pananagutan ay para sa lahat,” Commissioner Nepomuceno said.
In a talk with Pinoy Exposé, the Customs Chief said he has already relieved 14 Port of Subic personnel including the local Customs Intelligence (CIIS) field officer, the head of the Auction and Cargo Disposal Division (ACDD) and the Deputy Collector for Operations. Atty. Jose ‘Bong’ Arellano, over the incident.
“Kailangan ipaliwanag nila kung ano nangyari,” he stressed.
Commissioner Nepomuceno added that more heads will roll at the Port of Subic as the investigation progresses.
“Hindi pa natin alam kung ilan lahat ang involved pero lumalabas na ‘binulag’ nila si Collector sa kalokohan nila,” he said, referring to Port of Subic District Collector Geniefelle Lagmay.
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