BOC READY TO PROBE EXTORT ALLEGATION BUT…
Customs broker, sister arrested one day after formal complaint for extortion received
BUREAU of Customs (BOC) Deputy Commissioner for Intelligence (DCI) Juvymax Uy, said the agency is always ready to immediately investigate any allegation of extortion or wrongdoing by any of their men but bewailed those making accusations do not want to step forward to file a formal complaint and present evidence.
DCI Uy, a respected and bemedalled former 2-star general of the Philippine Army, said while rumors of shenanigans involving customs personnel are “always flowing in abundance,” they have yet to receive any formal evidence or sworn statement to back the allegations.
“I am not defending any of my men this early, but we cannot act on the mere say-so of anyone. If the accusation can be proven, rest assured that those breaking the law would be punished promptly,” he said.
DCI Uy made himself clear to Pinoy Exposé after a group of locators inside the RSI Industrial Complex in Guiguinto, Bulacan, bewailed the inspection last Thursday and Friday of the facility that resulted to the temporary closure of several warehouses on suspicion of harboring smuggled goods.
According to the press statement on June 7 attributed to the ‘Guiguinto Business Council’ (GBC) that is allegedly composed of “more than 500 members,” they have sought the help of their congressman, Bulacan 5th district Rep. Ambrosio ‘Boy’ Cruz, Jr., to stop, “once and for all,” the alleged “indiscriminate and suspicious visits” of BOC agents that they described as “fishing expedition and fund-raising” raid.
Winston Santos Lim, spokesman of the GBC, said more than a dozen of warehouses were again padlocked by two customs agents from the Customs Intelligence and Investigation Service (CIIS) during the operation.
(We are withholding their names to protect their identity pending the result of a formal investigation—Editor).
“Masyado ng nagiging panay ang pagbisita ng mga tauhan ng Customs na ginagawa ng gatasan ang mga negosyante dito kahit wala naman kaming nagawang paglabag sa batas,” Lim claimed.
One of the businessmen, who declined to be named said that only last December, another raid by the CIIS resulted to the closure of between 50 to 75 warehouses.
Rep. Cruz, for his part, questioned the ‘Letter of Authority’ (LOA) carried by the CIIS agents during their inspection signed by Commissioner Bienvenido Rubio, claiming it was “very generic” in nature.
“It must be noted that the BOC conducts searches and seizures based on probable cause, such as intelligence reports, suspicious shipments, or discrepancies in documentation. In relation to this, prior to the issuance of a LOA, an intelligence gathering and verification of derogatory information were conducted to prevent abuse of the visitorial powers.”
— Deputy Commissioner Juvymax Uy —
In a separate statement on June 8, the solon also stated: “While we support the government’s mandate to combat illicit trade and enforce customs laws, we strongly condemn the practice of indiscriminate inspections and enforcement operations that violate the basic tenets of due process, transparency, and accountability.”
Intel, evidence gathering precedes any inspection
DCI Uy, however, reminded that the LOA as an instrument to combat smuggling, is prescribed by law under Section 224 of RA 10863 (Customs Modernization and Tariff Act of 2016) in relation to the “visitorial power” of the Commissioner of Customs.
He also corrected the impression that BOC agents are conducting their operations in an indiscriminate manner.
“It must be noted that the BOC conducts searches and seizures based on probable cause, such as intelligence reports, suspicious shipments, or discrepancies in documentation.
“In relation to this, prior to the issuance of a LOA, an intelligence gathering and verification of derogatory information were conducted to prevent abuse of the visitorial powers,” he said.
DCI Uy also explained that the 15-days grace period given to business owners is to give them sufficient time to present evidence such as BOC receipts and importation documents to prove that the suspected goods were brought in legally—and not for establishments to raise grease money for BOC operatives and officials.
“The BOC also ensures that due process is observed. The owner of the goods is given 15days to prove that the goods were imported in accordance with the CMTA and related laws,” DCI Uy said.
2 arrested for extortion
The official also stressed the BOC, under Comm. Rubio, is “very strict” in going after those who tarnish the agency’s image and credibility, whether they are customs personnel or not.
He cited the arrest by the National Bureau of Investigation (NBI) last June 3 for extortion of a lady customs broker and her sister after they received a formal complaint from a Japanese national engaged in the local freight forwarding business. The entrapment was organized just a day after the CIIS received the victim’s complaint.
The CIIS-MICP immediately coordinated with the NBI’s Anti-Organized and Transnational Crime Division (AOTCD) that resulted to the arrest of customs broker Wyeth Lara Navales and her sister, Leila.
The two attempted to extort Kenji Otsuka of Otsuka Freight Forwarders Co., Ltd. by demanding an additional P1.9 million, supposedly as “grease money,” for the BOC, on top of the P500,00 he previously gave to facilitate the release of his shipment.
CIIS Director Verne Enciso said that the quick action of the BOC and the NBI was critical to the Navales’ subsequent arrest.
“This (incident) is what we mean when we complainants need to step forward and not just make allegations. Pormal silang magreklamo at aaksyon kami,” DCI Uy said.
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