Drilon’s brother, congressman, 8 others tagged for alleged smuggling

The brother of Senate President Franklin Drilon along with nine other people, one of them a congressman, have been charged with graft before the Ombudsman for alleged chicken smuggling amounting to P23 million.

Agriculture Undersecretary Cesar Drilon was accused of having allowed CSP International Commodities Corp. to import 10 vans containing 226.8 metric tons of fresh chicken leg quarters in two shipments last January without the required clearance.

In a six-page complaint, Marlene Garcia-Esperat, former action officer of the Department of Agriculture (DA) resident Ombudsman, revealed that the CSP handled the importation even if the "original consignee" was Princess Whales Import-Export Corp., a food processor firm based in General Santos City.

CSP is owned by pro-administration Rep. Prospero Pichay of Surigao del Sur and former newspaper executive Samuel Señoren.

In Esperat’s affidavit, Pichay and Señoren were named as "owners" of CSP, which she said stands for Concepcion, Señoren and Pichay. Princess Whales president Revlyn Gonzales was also named in the complaint.

With Princess Whales as consignee, Esperat said the goods arrived at the Manila International Container Port last Jan. 22 and 31 even if the shipment did not have the required veterinary quarantine clearance, or VQC.

The cargo was "held" by Customs authorities until its alleged unlawful release on May 26.

In February, Esperat narrated that the CSP applied for a VQC with the Bureau of Animal Industry (BAI) and made a misrepresentation when it said the "same shipment has not left the country of origin," which is the United States.

A VQC was subsequently issued with "expiry" date on May 14.

An insider at the DA said Esperat had learned the CSP amended the consignee’s name — from Princess Whales to CSP — as per documents she gathered.

Quarantine officer Simeon Amurao objected to the amendment, citing "discrepancies."

On Feb. 20, Amurao wrote BAI director Jose Molina — one of Drilon’s co-respondents in the graft case — saying CSP could not have been the consignee since records have shown that the US agriculture department issued it to Princess Whales. But still, Esperat said lawyer Benjamin Tabios of the DA cleared the shipment.

Esperat said Drilon "approved the temporary release" of the shipment on May 26 or 12 days after the VQC expired.

This makes Drilon liable for violating the Anti-Graft Law or Republic Act 3019 for giving undue advantage to CSP, Esperat argued.

Señoren defended the deal, saying it was aboveboard.

He said taking over the shipment from Princess Whales was done "in good faith and in full compliance with all DA and customs regulations."

Señoren explained that the shipment was intended for export to the United Arab Emirates (UAE) after processing it into chicken jamonado, and thus, was never intended for the local market.

Esperat also disclosed Undersecretary Drilon issued two letters on March 16 and 23 and affixed his "signatures over the printed name" of former agriculture secretary Luis Lorenzo Jr., which he later sent to Bureau of Customs (BOC) Commissioner Antonio Bernardo.

The first letter was acknowledged by Lorenzo, but the second one was not. In fact, Esperat said the former DA chief wrote Anti-Smuggling Task Force chief Angelo Reyes about it.

Lorenzo even formed a panel to investigate the alleged smuggling case.

"The facts show that the DA officials who issued the VQCs and ordered the release of the illegal importation of meat are liable in accordance with the pertinent laws of the matter," read Esperat’s complaint.

Apart from Drilon, Pichay, Señoren, Gonzales, Molina and Tabios, other respondents she held criminally accountable were DA legal director Eduardo Garcia, veterinarians Benjamin Alberece and Victor Atienza of BAI and quarantine officer Florence Silvano.

"The government officials in cahoots with the private individuals ordered the release of the shipment knowing fully well that the VQCs were null and void due to misrepresentation of the CSP that the goods had not yet arrived in the Philippines," said Esperat.

Señoren called Esperat’s graft case as nothing but a "nuisance suit" done by a "self-styled crusader" who is actually a "tool" to foment unrest and disunity in the DA.

"Esperat, similar to the earlier case she filed with the Ombudsman against other DA officials, has again peddled lies and half-truths to further what is an obvious political attack and smear campaign on behalf of her masters," Señoren said.

Last month, Esperat filed graft and corruption charges against former National Food Authority administrator and now DA Secretary Arthur Yap, Undersecretary Jocelyn Bolante and eight other people for their alleged involvement in the P432-million fertilizer purchase scam.

"She is a witting tool of the same persons who caused the agriculture department to be wracked by dissension and conflict during the term of Secretary Lorenzo," Señoren added.

In complying with the DA and BOC regulations for the shipment of the chicken legs, Señoren said CSP "encountered bureaucratic red tape and extreme difficulty to secure the needed clearances."

CSP had to pay the BOC P1.6 million in taxes and duties last March for the release of five containers, he said.

Despite the payment of duties and tax, the DA still refused to release the shipment. The DA only allowed it when the CSP paid a "performance bond" of P4.5 million, Señoren said.

He said the remaining five containers were not permitted by the BOC to be released "because of the long period the shipment had been on hold, causing its abandonment."

Señoren welcomed any probe by the Ombudsman on Esperat’s allegations but warned of a counter suit.

"We are a legitimate company, and we will defend our good name to the extent of filing counter charges against Ms. Esperat if need be. We will not allow ourselves to be dragged into the power plays and dirty politics within the DA," Señoren insisted.

He clarified the CSP was a legitimate and small-scale importer of chicken and pork established in 1996.

CSP, Señoren stressed, has never been involved in any anomalous transaction.

"All told, our company actually lost millions of pesos in this transaction. Since I am the only remaining active partner in our small venture and was the person who negotiated this transaction, I was the one who lost millions, no thanks to government red tape and bureaucracy," he said.