NBI to take over probe, file raps vs. culprits

QUEZON City — The House Committee on Dangerous Drugs has ordered the National Bureau of Investigation (NBI) to take over the investigation on the alleged smuggling two years ago in Cebu of P3.6 billion worth of pseudoephedrine, which is a known drug precursor.

Likewise, the NBI was also ordered to immediately file criminal charges against the consignees and possibly officials of the Philippine Drug Enforcement Agency (PDEA) for bungling the investigation of the case.

Upon the motion of Cebu City South District Rep. Antonio Cuenco, vice chairman of the committee, they approved that the PDEA should be relieved from the case for having done nothing to prosecute the people behind the smuggling of the 1,740 kilos of pseudoephedrine from China.

The committee chaired by Ilocos Norte Rep. Roque Ablan gave the PDEA a week to collate all the evidence relative to the illegal importation of the drug precursor and submit it to them.

Cuenco said, the committee would turn over the evidence to the NBI, which will build up the case against the people behind the illegal importation.

"We will give the NBI a case mission to prosecute the case," Cuenco said.

Pasig City Rep. Robert 'Dodot' Jaworski, Jr., who is a member of the committee, said that there seems to be a cover up by PDEA in the investigation of the case as manifested by their inexcusable failure to file charges against the consignees.

Jaworski said, he is concerned about it when he learned that the office of the consignee, Coastside Ventures Incorporated, is located at the Ortigas Towers in Pasig.

Jaworski said that government officials, who refused to file charges against the people behind the illegal importation, should also be charged for bungling the investigation.

Former PDEA director general Anselmo Avenido Jr., who is now the chairman of the Dangerous Drugs Board, explained in yesterday's investigation why they failed to prosecute the consignees.

Avenido said they have not filed charges until now, because they lack the necessary evidence to support the case. While it is true that they have identified the names of the consignees, Avenido said the documents they have is not enough to support the filing of the case.

According to him, the people behind Coastside Ventures Incorporated disowned the shipment.

Avenido said they requested documents relative to the shipment from China and Australia, which would have supported the filing of the case, but until now they have not received any reply from Chinese and Australian authorities.

However, Avenido could not explain what have they done to follow-up their request and why they have not sent agents to Australia and China to personally follow-up the request when he was asked by Cuenco.

Avenido was however quick to pass on the blame to his successor, Dionisio Santiago. According to him, if he were the PDEA director general today he would have made the follow-up.

Cuenco said while they have understood Avenido's explanation why the pseudoephedrine was transferred from its original containers to sacks before it was shipped to Manila for safekeeping, but they could not believe his excuse on their failure to file charges.

NBI acting deputy director for regional operation service Reynaldo Esmeralda, however, told the members of the committee yesterday that they have enough evidence to support the filing of the case.

Esmeralda said they have already the articles of incorporation of Coastside Ventures and the names of its incorporators including the lease contract that they have entered into with a warehouse owner in Mandaue City, where the shipment was supposed to be delivered had it not been confiscated.

The names listed as incorporators of Coastside Ventures were Joebert Cuesta, Rorela Villegas and Rowena Roldan, who are all staff of former Vice Governor John Gregory Osmena.

A certain Mike Cummings represented Coastside Ventures in the importation documents.

It was also gathered by NBI that the Coastside Ventures was issued a license to import regulated drugs.

Supt. Primo Golingay, who was then the director for compliance service of the PDEA, admitted that he signed the certification granting a license to Coastside to import.

However, Golingay denied having granted a special permit to Coastside for the importation of the 1,740 kilos of pseudoephedrine. He said, the importation of such drug precursor was illegal and it did not have a permit from the PDEA.

He explained that it is not automatic that a licensed regulated drug importer can make the importation anytime, it needs to secure a special permit to do so.

What is also questionable is that Republic Act 9165 otherwise known as the Comprehensive Dangerous Drugs Act of 2002 only allows a maximum of 100 kilos of importation.

Esmeralda assured the committee the he will file charges against the personalities involved as soon as Golingay would cooperate with them. It was learned that Cuesta, who is the president of Coastside, allegedly met with Golingay personally prior to the granting of the license.

Esmeralda is under strict orders from the committee to prosecute whoever is involved in the case. Cuenco said, if it would be necessary to send Esmeralda to Australia and China to get the documents he will ask the committee to authorize it.

Cuenco even wants that the owner of the warehouse in Mandaue rented by Coastside Ventures would be included in the case.

The controversial shipment arrived at the Cebu International Port from China on March 5, 2004. The shipment's final destination was Australia and Cebu was just used as a transshipment point. Due to the coordination with the Australian Federal police, local authorities were alerted and withheld the shipment hoping that they would be able to arrest the people behind it.

However, the information leaked out to the media, which was made by Avenido as his excuse why they failed to gather enough evidence to prosecute the culprits.