Firm, BOC personnel charged over P17.5-M smuggled veggies

The Bureau of Customs (BOC) on Tuesday sued 14 individuals, including its own personnel and a trading firm, over the illegal shipment of P17.5 million worth of onions and carrots that had been misdeclared as “chicken lollipops.”

Customs Commissioner Ariel Nepomuceno led the filing of six criminal complaints before the Department of Justice against Berches Consumer Goods Trading, a licensed customs broker, and customs officials and staff for the illegal shipment of 15,029 sacks of fresh white onions and 2,164 boxes of fresh carrots.

The smuggled goods, consigned to Berches Consumer Goods Trading, arrived in June last year in six batches at the Port of Subic and did not go through regulatory clearance. Customs officers also discovered that the vegetables, declared as poultry products, did not have a phytosanitary import clearance from the Bureau of Plant Industry.

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This, Nepomuceno said, was in violation of multiple provisions of the Customs Modernization and Tariff Act (CMTA).

The BOC officials and employees allegedly involved in the smuggling are facing violations of Section 1431(c), (e) and (f) of the same law for their “willful neglect of duties” and “negligently or designedly permitting another person to violate the law.”

Economic sabotage

The BOC’s customs intelligence and investigation service also recommended the filing of administrative charges against officers and employees allegedly involved in the case, which included examiners, appraisers, and those working at the intelligence and X-ray departments.

Aside from charges in connection with CMTA violations, Nepomuceno told reporters that the BOC is also looking to file another round of charges against the same individuals for violation of Republic Act No. 12022, or the Anti-Agricultural Sabotage Act.

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Under RA 12022, agricultural smuggling can be considered economic sabotage if the value of the smuggled vegetables exceeds the P10 million threshold.

The BOC chief also cited the harm posed by the smuggled goods to the livelihood of farmers and the health of consumers.

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“Whether it is an importer, a broker, or a customs employee—if there is sufficient evidence, we will take the appropriate action and subject them to the proper process,” Nepomuceno said, adding that the BOC has filed more than 90 cases in connection with smuggling activities. /cb