Danao court dismisses charges against refilling plant workers

CEBU CITY, Philippines — A Municipal Trial Court in Danao City has dismissed charges against 12 individuals, including the owner of the refilling plant that was inspected last January 18, 2022, for their alleged noncompliance with the Standard Compliance Certificate from the Department of Energy.

Following the incident, the refilling plant owner, Shiela Mae Zenith, filed a Motion to Quash for lack of jurisdiction and Motion to Release Motor Vehicle before the court.

On Monday,  May 23, 2022, presiding Judge Mae Lizbeth Williams granted the Motion to Quash filed by Zenith and further dismissed the case without prejudice.

However, the court cannot rule on the Motion To Release Motor Vehicle because it has no jurisdiction over this.

Here is the copy of the resolution given to CDN Digital.

To recall, personnel of the Department of Energy Visayas Field Office and Danao City police arrested 12 refilling plant workers after they conducted a surprised inspection following alleged noncompliance on DOE’s Standard Compliance Certificate, a permit issued to a refilling plant, allowing them to refill only using refillable canisters.

READ: DOE-7 reminds authorized refilling plants not to engage in illegal trade 

Attorney Mark Gamallo, the DOE Visayas Field Office Director, previously said that the refilling plant, FMZ LPG Center, allegedly refilled canisters not included in their permit. After receiving a report, the plant was placed under surveillance in coordination with the Danao City Police, which resulted in the said operation.

The arrested individuals were charged with violating Presidential Decree 1865, or the Illegal Trading of Petroleum Products. Gamallo said, under this law, refilling butane canisters without authority from DOE is an act of illegal trading.

/bmjo