Finance chief questions stay order on smuggling raps vs. Phoenix Petroleum

The Department of Finance on Tuesday raised questions over the stay order issued by the Court of Appeals blocking the filing of oil smuggling raps against listed Phoenix Petroleum Philippines Inc. and a Customs broker.

 

In a statement, Finance Secretary Cesar Purisima said temporary restraining orders (TRO)—like the one obtained by Phoenix Petroleum's Customs broker Jorlan Cabanes last May 9—“effectively prevent the government from prosecuting smugglers.

 

“Our courts and court processes should not be used by a few to block our progress in enforcing customs laws, and creating a level playing field for all,” he said. 

 

Cabanes sought a Petition for Certiorari with application for TRO before the appellate court's 10th division, questioning a finding by the Department of Justice (DOJ) of probable cause for suing the Customs broker and Phoenix Petroleum for oil smuggling.

The petition seeks a higher court to review the decision of a lower court. 

 

On 9 May 2013, the CA issued a 60-day TRO that effectively kept the Executive Department to file the information sheet on the smuggling case. 

 

Noting the petition filed by Cabanes benefited Phoenix Petroleum president Dennis Ang-Uy, the oil company's assistant vice president for external affairs Raymond Zorilla said the order was in line with the course of court decisions. 

 

“It was an action taken by another respondent, which—under existing rules—also inured to the benefit of Dennis Uy,” Zorilla told GMA News Online in a text message. 

 

“However, we wish to stress the fact that such actions are guaranteed by our laws more particularly for protection from an injustice stemming from what we perceive as an erroneous decision of the DOJ,” he added, noting that it “was an exercise of prevailing right sanctioned by law and existing jurisprudence.”

 

Cabanes, DOJ and CA officials could not be reached for comment as of this posting. 

 

Purisima questioned why it was the BOC and not the DOJ that the appellate court ordered to comment on the petition.

 

The CA directive seemed highly unusual because the DOJ, the agency whose action Cabanes is questioning, was not asked to comment, the Finance chief noted.

 

"This unnecessarily slows down the process but nevertheless, we will not allow anyone to distract us from our continuing drive against smuggling," Purisima added.

 

For their part, Zorilla said, “As an industry player, we also want a level playing field given the massive investments owing to our investors and public shareholders. 

 

“But creating a level playing field does not necessarily authorize the violation of the rights of any citizen,” he added. — VS, GMA News