MANILA -- The Department of Justice (DOJ) will appeal a Court of Appeals ruling that junked a P6-billion smuggling case against Phoenix Petroleum Philippines.
"We will definitely appeal that decision. I will ask the OSG (Office of the Solicitor General) to file an MR (motion for reconsideration)," Justice Secretary Leila de Lima told reporters.
The special former 10th division of the Court of Appeals junked De Lima’s resolution recommending the indictment of Phoenix president Dennis Uy and customs broker Jorlan Cabanes for violation of the Tariff and Customs Code of the Philippines.
In several cases in the past, de Lima had insisted that only the DOJ has the exclusive mandate to determine probable cause in criminal cases.
De Lima found basis to file a case against Uy and Cabanes for alleged fraudulent importations of gasoil, unleaded gasoline and other petroleum products at the ports in Davao and Bauan, Batangas from June 2010 to April 2011.
The DOJ said both “had personal knowledge of and direct participation in the operations of Phoenix, including the processing and release of shipments that were already abandoned in favor of the government for failure to file import entries within 30 days from discharge of goods.”