Bibit resigned from the Bureau of Customs after he was replaced as Cebu City port collector in 2005.
In a 19-page resolution, the Office of the Ombudsman said charges for violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act will be filed against Bibit, Customs examiner Eunice Aguilar, and intelligence officer 1 Troy Tan.
The case stemmed from a complaint filed by Selpha Trinidad against the three for the alleged illegal seizure of her shipment of 600 metric tons of Canadian wheat in 2005.
In her complaint, Trinidad alleged that the Customs Intelligence and Investigation Service (CIIS) stopped the unloading of her shipment for supposedly lacking proper import documents.
Trinidad, however, said that she was merely a local buyer and bought the wheat from Quality Grains and Feeds Corp., a local supplier.
According to Trinidad, after presenting the local sales documents covering the purchase, the CIIS allowed her to proceed with the unloading of the shipment.
However, two days later, the unloading of the shipment was again stopped for allegedly not being covered by proper import documents. She said Bibit issued a hold order.
Tan also directed her to secure copies of the import documents from the importer. But according to Trinidad, when she presented the import documents, Tan questioned the classification of the wheat shipment.
Trinidad said Tan told her that her shipment consisted of feed grade wheat and as such, was subject to seven percent duty, and not of food grade with only three percent duty, as it appeared on the import entry.
Tan, according to Trinidad, also insisted that she pay the four percent tariff differential and the redemption value amounting to P1.37 million before the shipment could be released.
Trinidad said an examination by the Lipa Quality Control Center and the Department of Agriculture-Region 7 confirmed that the wheat shipment was of food grade.
"This office is not questioning the authority of the Port of Cebu to initiate seizure proceedings but good sense dictates that the authority ought to be exercised discreetly, especially amid circumstances suggesting legitimacy of a shipment’s source," the Office of the Ombudsman said.
It said the shipment’s illegal seizure caused Trinidad to incur P1.72 million in financial losses.