SC sacks Albay judge

The Supreme Court has dismissed an Albay Regional Trial Court judge who caught the ire of President Arroyo for releasing P50 million worth of suspected smuggled rice two years ago.

In a 10-page decision, the High Court said Judge Arnulfo Cabredo of Tabaco City RTC Branch 15 was guilty of grave misconduct and should be removed from the judiciary.

The tribunal also forfeited all his benefits, excluding accrued leave credits, and barred him from being re-employed in any branch or agency of the government, including government-owned or controlled corporations.

The President herself personally led Department of Justice and Customs officials in filing charges against Cabredo on Aug. 15 last year to show that her administration was serious in curbing corruption in the judiciary, particularly against "hoodlums in robes."

The Supreme Court assailed Cabredo for issuing an order allowing the release of the suspected smuggled rice when he was not supposed to do so under the Rules of Court.

"What is involved here is a fundamental and well-known judicial norm. If the law is elementary, not to know it or to act as if one does not know it, constitutes gross ignorance of the law," the tribunal said.

It added: "Gross ignorance of the law is the disregard of basic rules and settled jurisprudence. Failure to know the basic principles is an inexcusable offense. (Cabredo’s) actuation in this case is tantamount to grave misconduct."

Records show that on Sept. 3, 2001, lawyer Winston Florin, deputy Customs collector at the sub-port of Tabaco City, issued a warrant of seizure and detention against a shipment of 35,000 sacks of rice aboard the vessel M/V Criston for violation of the Tariff Customs Code.

But on Sept. 25, 2001, the shipment’s consignees — Antonio Chua Jr. and Carlos Carillo — petitioned for a temporary restraining order against the Customs directive.

After three days, Cabredo issued the TRO, arguing that it would be a grave injustice to the two businessmen if the shipment were seized. The 35,000 sacks of suspected smuggled rice were subsequently released to Chua and Carillo.

On Aug. 5, 2002, Mrs. Arroyo also personally led the filing of charges against Chua and Carillo along with Peter Toundjis, president of El Greco Ship Manning and Management Corp., and Yuahawu Awudu, the Ghanaian captain of M/V Neptune Breeze.

The M/V Criston was repainted to become M/V Neptune Breeze apparently to elude Customs investigators.

In the complaint against Cabredo, chief state prosecutor Jovencito Zuño said the judge violated Administrative Circular No. 7-99 that cautions judges on the issuance of TROs and writs of preliminary injunction.

This concerns the principle, enunciated in Mison v. Natividad, that the Customs collector has exclusive jurisdiction over seizure and forfeiture proceedings, and that regular courts cannot interfere with this exercise of duty.

The Customs Intelligence and Investigation Service echoed Zuño’s arguments in its supplemental complaint-affidavit. Court Administrator Presbitero Velasco Jr. also found the TRO illegal and issued in excess of jurisdiction.

The Supreme Court upheld this principle, saying that the circular takes into account the fact that the issuance of TROs and writs of preliminary injunction against the Bureau of Customs may arouse suspicions that they were done "for considerations other than the strict merits" of the cases.

The High Court did not give credence to Cabredo’s argument that the Bureau of Customs lost jurisdiction over the case when Florin stated that he could not find any violation in the shipment.

Cabredo said he protected the interests of both parties by requiring the petitioners to post a bond equivalent to the full value of the goods to answer for any liability that may be found against them.

This way, he said, he safeguarded the government’s interest in the collection of taxes and duties due on the shipment.

Cabredo added that he allowed the two businessmen to take possession of the rice shipment, which was perishable in nature, upon filing of the bond.