Sunday, June 15, 2008 Customs wants P12M from Dream
THE Bureau of Customs (BOC) wants its share of the proceeds from the sale of the Philippine Dream, and has asked the anti-graft office for help.
The Bureau of Internal Revenue (BIR) auctioned off the vessel, which used to be a hotel casino in the 1990s, last year.
The BIR 7 under Director Jose Tan and his superiors reportedly refused to honor a compromise agreement between the BIR and the BOC, where the BIR would receive P12 million.
BOC Port of Cebu District Collector Ricardo Belmonte had issued a warrant of seizure and detention against the vessel because of unpaid duties amounting to P12,020,250.
Under the Tariff and Customs Code of the Philippines, the vessel cannot be released without seizure proceedings and clearance from the Office of the Customs Commissioner and the Department of Finance.
On Sept. 14, 2007, Belmonte sent a letter to Tan after he (Belmonte) was informed that the BIR scheduled a public auction of the ship on Sept. 28 that year at the Lapu-Lapu City Hall.
Belmonte informed the BIR that the BOC has a P12 million current lien on the vessel because of unpaid duties. Should the BIR decide to push through with the auction, it will be without prejudice to whatever legal action the BOC may take to protect its claim and interest over the same vessel.
However, the BIR pushed through with the bidding and the vessel was sold to Aston Pte. Ltd. for P59 million.
The BIR released the vessel to Aston without coordination with the BOC and without giving the P12,020,250 to the customs bureau.
Last April 21, Revenue District Officer Emir Abutazil of the Revenue District Office 80 in Mandaue City requested James Roldan, BIR assistant commissioner for legal service, for an update on the status of the case.
Roldan told Abutazil that the Court of Tax Appeals (Second Division) issued a resolution, dated Dec. 5, 2007, restraining the BIR from taking possession of Philippine Dream and transferring possession to Aston Pte. Ltd.
As a condition, the management was told to post a bond.
Roldan said that when the Philippine Dream owner failed to post such a bond, there was no legal impediment to prevent the BIR from taking possession of the vessel.
A BOC Port of Cebu official who requested anonymity said Deputy Ombudsman Pelagio Apostol is investigating the matter to determine the lapses of the BIR in selling the vessel, even though this was already under the custody of BOC. (EOB)
