AmCham urges case vs. Phoenix to proceed

The American Chamber of Commerce of the Philippines (AmCham) on Tuesday called on the Court of Appeals (CA) to lift the temporary restraining order (TRO) that barred the government from pursuing its smuggling case against Phoenix Petroleum Philippines Inc. and a Customs broker.

 

"Smugglers should be brought to justice as soon as possible and such criminal plunder of the Philippine economy stopped forthwith," AmCham Philippines president Rhicke Jennings noted in an e-mailed statement.

 

The chamber said it is hopeful that the three CA justices will carefully weigh the negative cost to the economy of further delay and the positive impact against smuggling that an early and highly punitive decision will have on investor confidence.

 

"They claim to be a large taxpayer, but the government accuses them in actuality of being tax evaders. This should be decided by a criminal court as soon as possible based on the evidence presented by the Department of Justice (DOJ)... The least that should occur in the Philippines—which does not have capital punishment—is speedy justice for the people against smugglers," AmCham Philippines said.

 

On May 9, 2013, the CA issued a 60-day TRO that effectively kept the Executive Department from filing the information sheet on the smuggling case after Phoenix Petroleum's Customs broker Jorlan Cabanes sought a Petition for Certiorari with application for TRO before the appellate court's 10th Division.

 

Cabanes questioned a finding by the DOJ of probable cause for suing the Customs broker and Phoenix Petroleum for oil smuggling.

 

Phoenix Petroleum assistant vice president for external affairs Raymond Zorilla reiterated the order was in line with the course of court decisions.

 

"The remedy of the TRO was taken by the broker, which also affected the other respondent who is Dennis Uy. This is guaranteed by our laws. We just are following rules," Zorilla told GMA News Online.

 

Uy is president and chief executive officer of Phoenix Petroleum.

 

AmCham likened the Phoenix Petroleum to government efforts to banning the used of smuggled, secondhand cars in the Philippines which was stopped by the Regional Trial Court of Olongapo and the Court of Appeals—a situation that supposedly led to the decline of the automotive assembly industry in the country.

 

"The importance of the case against against Phoenix cannot be overestimated and is of equal importance to the case against the used auto smugglers at Subic, who were never persecuted. If the accused are successful in delaying justice, other private sector smugglers and their accomplices will be encouraged to continue to plunder the economy," AmCham senior advisor John Forbes said.

 

However, Zorilla decried the use of Phoenix Petroleum as an example given that the case was already dismissed.

 

"If we are guilty, then persecute us. But why are they picking on us, an independent small player, while there are other companies who smuggle? We have done nothing wrong, this has been dismissed already,” he said.

 

On January 14, 2012, the DOJ dismissed a smuggling complaint filed by the BOC against the oil company. Then, on November 16, 2012, the DOJ affirmed an automatic review the January ruling.

 

In a resolution on April 24, Justice Secretary Leila de Lima resolved the BOC's motion for reconsideration and reversed the earlier rulings with a recommendation to sue Phoenix Petroleum's Uy.

 

“We were not given the chance to reply on the new allegations of the BOC. If DOJ waited for our rejoinder, eh 'di sana tapos na 'to. Don't single us out, we also want a level playing field. We want a fair treatment. We also want those who violated the law to be persecuted," said Zorilla. — VS, GMA News