Noynoy Aquino and Cesar Purisma face graft, smuggling, and corruption raps

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The former president and former finance secretary are now facing criminal charges for Shell tax issue.

On Wednesday, graft and other criminal charges were filed by two former officials of the Bureau of Customs and a newspaper publisher against former president Benigno Aquino III and former Department of Finance secretary Cesar Purisma.

The charges state that the two allegedly failed to collect P100 million worth of taxes from Pilipinas Shell Petroleum Corp. (PSPC) for gasoline shipments from 2004 to 2009.


Both were charged with violation of Section 3(e) and 4 of Republic Act 3019 or the Anti-Graft and Corrupt practices Act, Section 10 of RA 9851 in relation to Executive Order No. 226 or the Institutionalization of the Doctrine of Command Responsibility in all government offices, and Sections 3601 and 3604 of the Tariff and Customs Code, which refers to the smuggling.

Along with the two, PSPC Chairman and President Edgar Chua, Vice President for Communications Robert Kanapi, Country Tax Manager Nigel Avila, and John Does were also charged.

Since Aquino stepped down from presidency on June 30, this is already the fifth case filed against him. Three other cases in relation to the Mamasapano murder and another one for the Disbursement Accelartion Program (DAP) are also charged on Aquino.

Aquino and Purisma were accused of ignoring PSPC's duty to pay the right amount of taxes for their gasoline shipments which were mistakingly declared as non-taxable products, by the complainants former Customs Commissioner Napoleon Morales, for BOC district collector Juan Tan, and Headline News Today publisher Lourdes Aclan.


"The government is deprived, as it is continuously being deprived, of the huge amount of money, which would have been collected, had they not been remiss in the performance of their official functions," they stated.

The complaint originated from PSPC presuemd failure to pay P7.348 billion in excise taxes and value added taxes for its imports from 2004 to 2009.

PSPC was said to had changed the tariff classification of its unleaded gasoline shipment to tetrapropylene and alkalyte which are not subject to taxes.

The complainants believe that Aquino and his company were silenced to submission by PSPC.

"Since 2011, the former president and DOF secretary did nothing but allowed PSPC to continuously use the P7.348 billion and P1.99 billion government revenue for its own use and benefits, thereby giving it unwarranted benefits, and causing undue grave injury to the government," they added.


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Noynoy Aquino and Cesar Purisma face graft, smuggling, and corruption raps
The former president and former finance secretary are now facing criminal charges for Shell tax issue.
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