De Lima slams CA for intervention in smuggling case vs. oil firm

Justice Secretary Leila de Lima on Wednesday described as "regrettable" a Court of Appeals order stopping the government from slapping a P5-billion smuggling case against the president of Phoenix Petroleum Inc. and a Customs broker.

 

"I don't know why they keep on interfering with the DOJ's determination of probable cause. I don't know why the CA has developed the habit of enjoining the [DOJ] from prosecuting, from discharging its mandate... Since when is criminal prosecution allowed to be enjoined by the courts," De Lima told reporters in an interview.

 

In a May 9 resolution, the appeals court granted the request of accused Customs broker Jordan Cabanes to issue a temporary restraining order (TRO) against the Department of Justice, which recommended in April that the government sue Phoenix Petroleum president and chief executive officer Dennis Ang Uy.

 

De Lima said criminal prosecution is a fundamental rule that is not supposed to be enjoined by the courts.

 

On January 14, 2012, the DOJ dismissed a smuggling complaint filed by the Bureau of Customs (BOC) against the oil company. On November 16, 2012, the DOJ affirmed on automatic review the January ruling. However, in an April 24 resolution, De Lima resolved the BOC's motion for reconsideration and reversed the two earlier rulings.

 

The oil firm earlier asked De Lima to reconsider her decision. Unlike the company, however, Cabanes no longer appealed the latest DOJ decision, and instead elevated the case to the Court of Appeals—something which said should not have been allowed, according to the Justice chief.

 

"Why did the broker go directly to the CA? So dapat nga dinismiss outright iyong petition na 'yan sa CA because its basic in certiorari, a pre-requisite or a condition sine qua non, or its a pre-requisite to the filing of certiorari, that the aggrieved party file first an MR," De Lima said.

 

"Kung nagawa ng Phoenix mag MR sa amin, bakit itong broker na ito dumeretso sa CA and alleging violation of due process," she added.

 

De Lima denied Cabanes' claim that his right to due process was violated, and said the DOJ conducted a "full-blown preliminary investigation."

 

"Issues had been joined already [during preliminary investigation] and therefore ripe na for resolution. So where is the alleged violation to due process?" De Lima asked, adding that she would be letting the Office of the Solicitor General, which represents the government in cases, to "articulate" her position before the CA.

 

De Lima asked the CA to just let the case be filed either before a regional trial court or the Court of Tax Appeals, where both parties could present their arguments.

 

Same CA justices?

 

De Lima also claimed the series of resolutions that had recently been issued against the DOJ on several high-profile cases involved the same group of justices.

 

The other cases the Justice chief pertained to were the murder case against former Palawan Gov. Joel Reyes and the syndicated estafa case involving Globe Asiatique owner Delfin Lee.

 

In the Reyes case, the CA invalidated a DOJ finding of probable cause to charge the former governor of murder for the death of environmentalist and broadcaster Gerardo Ortega in 2011.

 

In the Delfin Lee case, the CA dismissed the syndicated estafa case against co-accused Cristina Sagun, former head of Globe Asiatique documentation department, since her duty in the real estate firm was merely ministerial.

 

In all three cases—Phoenix Petroleum, Joel Reyes, and Delfin Lee—Associate Justices Angelita Gacutan and Francisco Acosta ruled, records show.

 

Gacutan penned the decisions in both the Joel Reyes and Delfin Lee cases, while Acosta concurred in both.

 

In the Phoenix Petroleum case, Acosta penned the resolution, while Gacutan concurred.

 

"At least two of the justices are the same in the two previous cases of Joel Mario Reyes and Delfin Lee," she said.

 

"I hope it's just a coincidence. Wala na bang justices sa CA?," De Lima asked.

 

Wrong documents?

 

The smuggling case stemmed from "allegations of unlawful and fraudulent importation of gasoil, unleaded gasoline, and petroleum products at Port of Davao and Sub-Port of Bauan, Batangas." The illegal importation allegedly happened between June 2010 to April 2011.

 

The Justice Department claimed Ang and Cabanes were being charged for "having personal knowledge and direct participation in the operations of Phoenix Petroleum, including the processing and release of shipments that were already abandoned in favor of the government."

 

Earlier, Phoenix Petroleum in a statement noted the documents presented by the BOC and which become the basis for the case “were in fact wrong documents which do not even pertain to importations involving Phoenix Petroleum Philippines Inc. (the Company) but other companies, which is outright misleading.

 

“Moreover, we emphasize that unfair as it may seem, the BOC presented new issues and documents which were not even presented in the original complaint which is highly irregular,” it pointed out.

 

“We stand on Mr. Uy's contention that all the shipments and importations of the company have been settled and paid as they are duly supported by documents and receipts,” the statement read.

 

According to its website, Phoenix Petroleum is the "leading independent and fastest-growing oil company in the Philippines." — VS, GMA