Another Customs official implicated in pilferage

The National Bureau of Investigation (NBI) is pursuing its inquiry on the pilferage of smuggled cargo of frozen pork in a port warehouse in Manila as several questions remained unresolved.

Earlier the NBI recommended charges against two ranking Customs officials and five others could be behind the theft.

NBI Deputy Director Reynaldo Esmeralda said they would pursue the investigation specifically to determine if other Customs officials could be linked to the pilferage and where the over 25,000 kilos of pilfered frozen pork went.

Esmeralda revealed the bureau would look into the possible involvement of Horacio Suansing, the Port of Manila district collector, who ordered the forfeiture of the seized smuggled cargo in favor of the government.

Esmeralda explained that just like the other Customs officials they had earlier charged with violation of R.A. 3019, or Anti-Graft and Corrupt Practice Act; and R.A. 6713, or Code of Conduct and Ethical Standards for Public Officials. Suansing could possibly be held liable for the lack of complete examination and inventory of the shipment, which led to the pilferage.

"He issued the order of forfeiture without ensuring that 100 percent inventory of the cargo had been conducted. There must be some lapses there," he told reporters.

Esmeralda, however, reiterated it seemed unlikely for Customs Commissioner Napoleon Morales to be tagged in the case, citing lack of any evidence.

The NBI on Thursday submitted to the Department of Justice its recommendation for filing of anti-graft charges against a total of 10 persons, including three ranking Customs officials, in connection to the pilferage case for their failure to conduct a detailed physical inventory of the seized shipment.

"For this lapse in the seizure procedure, they caused undue injury to the government in giving private party unwarranted benefits, advantage or preference in the discharge of their official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence," according to the report prepared by NBI Regional Director for National Capital Region lawyer Ruel Lasala.

The three ranking Customs officials implicated in the case were: Customs chief of staff lawyer James Enriquez, Customs Auction Cargo Disposal Division (ACDD) chief Facundo Bitanga, and Customs executive director for Task Force on Anti-Smuggling (TFAS) lawyer Alexander Arcilla. Enriquez and Bitanga were implicated in the actual pilferage while Arcilla was linked to the case "by implication" for his failure to ensure 100 percent examination of the shipment.

Apart from Enriquez and Bitanga, five other persons were tagged by the NBI as those behind the pilferage of the P40-million shipment: Dionisio Menil, warehouseman at Port of Manila; Romeo Fernando Jr. and Diomedes Cabaluna, of Sigma Seven Storage and Warehouse; Bonifacio Cruz and Pedrito Magsino, of MC Bro’s trading and garbage company. Charges of malversation of public property were recommended against all seven, apart from violations of R.A. 3019 and R.A. 6713.

As for Arcilla, only violations of the anti-graft law and code of conduct and ethical standards were recommended. The NBI said Nanie Koh and Roger Manlangit, of ACDD, also share the same liability.

Enriquez and Arcilla are both under the office of Customs Commissioner Napoleon Morales, who immediately came to their defense after the NBI released its findings.

Although Morales admitted he was personally surprised by the NBI findings, he still ordered the two officials to answer the charges against them.

Esmeralda said their report was already forwarded to the DOJ for preliminary investigation. Once the DOJ issues a resolution, the case would be forwarded to the Office of the Ombudsman for approval and appropriate action.