CA reverses Ombudsman decision on Customs men

The Court of Appeals reversed the decision of the Office of the Ombudsman-Visayas dismissing in 2003 two Bureau of Customs officials and suspended another one from service for alleged extortion.

Former Dumaguete sub-port collector Ramon Anquilan, Dumaguete Customs Intelligence officer Francis Vic Alindogan, and Customs Police officer Jose Dayot filed a petition for review on the decision of the OMB-Visayas dated June 30, 2003 dismissing them from government service for grave misconduct while suspending Dayot for six months for simple misconduct.

Jose Dayot was suspended for six months since it had not been established that he had prior knowledge to extort money from storeowner Elizabeth Cabauatan.

Cabauatan filed the complaint against the three on 2002. She said Alindogan's group went to her store in Dumaguete on midnight of July 11, 2002 and demanded to be allowed in because they wanted to examine the 20-footer container van they had been tailing.

Since the owners were not around, the househelps refused the officials entry thinking they were "thieves". However, Alindogan allegedly warned the helpers they could not get out of the premises as points of entry will be sealed.

Alindogan went on to paste a total of 17 seals containing the warning "Open not under penalty of the law" at the entrance and exits of the premises.

The group then found nothing illegal in its search.

Cabauatan alleged Alindogan demanded P120,000 "to settle the problem". When she refused, Alindogan went on to reduce his demand to P50,000.

In their joint counter-affidavit, Anquilan said that on July 5, 2002, at around 11pm of July 11, 2002 a container van was spotted by Dayot speeding "almost to the point of recklessness" along the national road entering city limits from Sibulan.

Dayot followed it but could no longer apprehend the van as it was positioned halfway inside the premises. When Alindogan arrived at the scene, the van was already inside the premises thus they had it sealed as ordered by Anquilan to prevent any items from being brought out of the van.

Cabauatan gave copies of the documents of the shipment to the team. Alindogan called up Anquilan to inform him of the situation and it was here when Cabauatan asked that she be allowed to talk to the collector.

The counter-affidavit stated that she proceeded to speak saying, "walay problema, pwede naman buksan yan. Pwede ba maareglo kung magkano ang kailangan (no problem, it's alright to open it. How much is needed to settle things?)."

When Anquilan arrived, the unloading of the contents of the van believed to contain a shotgun and ammunition was facilitated.

The Ombudsman stated in its decision dated June 30, 2003 that the warrantless search conducted by the respondents "was unlawful for lack of probable cause."

However, the CA stated that, "under the provisions of the Tariff and Customs Code, searches, seizures and arrests may be made without warrants for purposes of enforcing customs and tariff laws."

As for the alleged extortion, the CA found it "highly improbable" saying "there was no 'problem' to 'settle' as petitioners did not find any contraband among respondent's goods."

"We find that there is no substantial evidence to prove the alleged corrupt disposition of the petitioners. The dearth of evidence to substantiate the charge of extortion amounting to serious misconduct against petitioners justifies their being absolved," the 14-page decision penned by Associate Justice Ramon Bato Jr. read.