Smuggling raps vs Malaysian ship captain, 12 others junked

SAN FERNANDO, La Union – The Department of Justice (DOJ) has dismissed the criminal and graft charges filed against the captain of a Malaysian vessel allegedly involved in oil smuggling here last year, along with five Indonesian seamen and their seven alleged Filipino cohorts, due to insufficient evidence.

Only four persons were indicted for the oil smuggling.

Based on the decision penned by State Prosecutor Florencio de la Cruz and approved by Chief State Prosecutor Jovencito Zuño, Muhammad Tahir, captain of MTUG Sungai Julan 1, and five of his crewmen – Nur Salim, Haidar Ma Mur, Abdul Rakman, Akhmad Ishak and a certain Kamin – were cleared of the smuggling charges.

“Their direct participation or acquiescence to the smuggling activity is not enough to hold them liable,” part of the decision read.

Also cleared were Roberto Abalos, an employee of the Bureau of Customs here; Ropert Daganta, a shipping agent; and five officers of a transport company that owned the tanker allegedly used in hauling off the smuggled oil.

“We found no sufficient ground to indict them. The evidence and facts presented show nothing of their participation in the alleged violation of the Tariff and Customs Code of the Philippines,” the DOJ said.

However, lawyer Edward Baltazar, Customs district collector, told The STAR that the ship captain and the 12 individuals are not yet off the hook because the case is still subject to a motion for reconsideration.

Those facing smuggling charges are Allan Laguna, the tanker’s driver; Reynaldo Daganta, a quarantine officer; Maceda Luquingan, a Customs employee; and Ronal Situmpol, the ship’s chief engineer.

“The decision is questionable. How come the chief engineer could be charged while the captain, who was in charge of the ship’s overall operation, was acquitted? And how could a mere driver transact business worth millions (of pesos)?” Baltazar said.

Baltazar said the Customs bureau’s legal department in Manila is reviewing the decision for the subsequent filing of a motion for reconsideration.

The incident happened on Jan. 1 last year when port security found the crewmen siphoning crude oil from the ship.

The ship was forfeited in favor of the government after Finance Secretary Margarito Teves affirmed Baltazar’s forfeiture decision.

The five Indonesian crewmen had returned home after officials of their embassy fetched them here last December.