Digest.ph

This case involves a petition for review on certiorari filed by the Federated LPG Dealers Association (petitioner) against Ma. Cristina L. del Rosario, Celso E. Escobido II, Shiela M. Escobido, and Resty P. Capili (respondents). The case revolves around the alleged violations of Batas Pambansa Blg. 33 (BP 33), as amended by Presidential Decree No. 1865 (PD 1865), by ACCS Ideal Gas Corporation (ACCS), a company engaged in the refilling of liquefied petroleum gas (LPG) cylinders. The petitioner sought assistance from the Criminal Investigation and Detection Group (CIDG) in the surveillance and investigation of ACCS. After conducting a test-buy operation, the CIDG filed applications for search warrants against ACCS. The search and seizure operation resulted in the seizure of various items and LPG cylinders. The Department of Justice (DOJ) found probable cause to charge ACCS and its general manager, Antonio G. del Rosario, with illegal trading of petroleum products. However, the DOJ dropped the charges against the respondents, who were members of the board of directors of ACCS. The petitioner filed a petition for review before the Secretary of Justice, which was denied. The Court of Appeals affirmed the decision of the Secretary of Justice.

Members of the board of directors of a corporation cannot be held criminally liable for the corporation's violations of BP 33, unless they are the president, general manager, managing partner, or another officer charged with the management of the business affairs of the corporation. The offenses of illegal trading of petroleum products and underfilling of LPG cylinders under BP 33 are distinct offenses, as they involve different acts and additional requirements.