A regional trial court in Malabon City has found a party-list lawmaker guilty of unauthorized refilling of cooking gas cylinders belonging to oil giants Pilipinas Shell Petroleum, Petron and Total Gas.
In a 16-page decision, Presiding Judge Ofelia Contreras-Soriano ruled that government prosecutors were able to present sufficient evidence to warrant the conviction of Liquefied Petroleum Gas Marketers’ Association (LPGMA) party-list Rep. Arnel Ty for violating Batas Pambansa No. 33 which deals with prohibited acts involving petroleum products inimical to public interests and national security, including “short-selling and adulteration of petroleum and petroleum products.”
Ty, who owns Republic Gas Corp. (Regasco) refilling plant, was sentenced by the trial court to pay a fine of P50,000 with subsidiary imprisonment in case of insolvency.
The lower court also ordered the cancellation of Regasco’s license to operate and the forfeiture in favor of the government of the petroleum products seized from its warehouse.
The court rejected Ty’s arguments that the empty and underfilled branded cylinders seized from their warehouse were actually part of its marketing strategy of offering their own brand in exchange for partially consumed LPG of other brands.
The court said the accused failed to provide logical explanation for the presence of the filled LPG tanks of Shell, Petron and Total Gas, which were likewise seized from the warehouse.
“It is highly doubtful that the volume of the confiscated filled branded LPG cylinders constitutes the number of converted clients,” the court said.
“No consumer in his right mind would trade off a newly purchased or filled LPG gas cylinder for another brand which is being offered for a lesser price,” it added.
The court also noted that Ty even admitted that Regasco has no written authorization from the Department of Energy to refill LPG for Shell, Petron, Total Gas and Caltex (now Chevron).
The prosecution presented as witness National Bureau of Investigation agent Marvin de Jemil who led a test-buy operation in Regasco’s refilling plant on February 6, 2004 following a letter of complaint from lawyer requesting the conduct of an investigation of Regasco’s for alleged violation of the provisions of BP 33.
De Jemil recounted that he himself witnessed the actual refilling of empty LPG cylinders of Petron Gasul and Shellance by Regasco crew.
Ty pointed to Regasco’s plant manager, who oversees the employees and day-to-day operations of the plant, as the person who should be held liable for the violation, but the court rejected his claim.
“Accused, despite his denial, cannot escape liability for the infraction because the by-laws of the corporation itself expressly provide that as president he shall manage and supervise the business affairs of the corporation,” the court said.
“Even on the assumption that he has a plant manager who allegedly supervises the employees, accused remains accountable for the infraction precisely because he was the one authorized under the by-laws to manage and supervise the business operations,” it added.
