The Office of the Ombudsman ordered the filing of graft charges against three high ranking officials of the Bureau of Customs and two other persons before the Regional Trial Court for alleged falsification of documents to hasten the release of 15 container vans of imported rice at the port of Cebu.
In a 12-page resolution, Ma. Merceditas Gutierrez said the anti-graft office has found “probable cause” to indict acting chief wharfinger Angel Go, acting wharfinger Habit Diator, and Customs guard Conrado Rivera for violation of Republic Act 3019, otherwise known as the Anti-Graft and Corrupt Practices Act.
Likewise, Gutierrez also ordered the filing of a similar complaint against Joven Cesar Abuda and Emmanuel Carollo, reportedly the Customs brokers of the E.R. Carollo Customs Brokerage Services based in Mandaue City.
Gutierrez announced the filing of graft charges in a press conference before the signing of a memorandum of agreement between the Office of the Ombudsman and the Mactan Chamber of Commerce, Inc. in Lapu-Lapu City yesterday.
The MOA is aimed at deputizing the MCCI to conduct investigation against public officials suspected of committing corruption. The case stemmed from the filing of a case by an “anonymous” complainant before the anti-graft office for alleged connivance by the accused to clear the impounded delivery vans containing sacks of imported rice by way of falsifying papers to hasten release of said items.
“The method of release was through the use of fake or falsified Import Entry documents that purportedly showed the payment of customs duties and taxes but was revealed to be untrue,” the complainant said.
The Customs officials, however, denied any involvement in the alleged illegal release of the container vans. In their counter-affidavits, the respondents claimed that their mere duties are only “ministerial in nature” as they shrugged off allegations that they falsified the documents.
However, Gutierrez debunked the contentions of the respondents. She said the investigating panel that handled the case ruled that “the nature of their functions creates an expectation of their awareness of the most basic means of detecting the authenticity or spuriousness of import entry documents.”
Based on records of the Bureau, Gutierrez said the respondents used five falsified Import Entry documents to show that they paid the taxes amounting to P1,172,348 for the release of the container vans.
Citing an affidavit of Percito Lozada, the former acting chief of the Assessment Division of the Port of Cebu, Gutierrez said the anti-graft office discovered that the documents were “spurious” because these did not bear the machine imprints of the bank indicating that payment has been made.
Likewise, the Ombudsman also said that Carollo and Abuda signed and released the cargo without any authority from the government agency.
Go was dragged into the fray because he reportedly was the one who submitted the alleged fake documents to the Oriental Port and Allied Services Corp. (Opascor), the same cargo handler in the Cebu Port Authority.
On the other hand, Diator affixed his signature on the withdrawal receipts of Opascor, which was supposed to clear the release of the cargo.
“It has been established by the evidence that the government has been defrauded in the amount of P1,172,348 for the illegal release of 15 container vans of imported rice without the payment of customs duties and taxes,” the order said. — Gerome M. Dalipe/MEEV