Sandigan affirms ex-Butuan port execs’ conviction over smuggled rice

MANILA, Philippines — The Sandiganbayan has upheld the conviction of five former officials of the Philippine Coast Guard, Philippine Ports Authority (PPA) and Bureau of Customs (BOC) in Butuan City for failing to seize a vessel carrying smuggled rice worth P15 million in 2002.

In a 21-page resolution promulgated last Dec. 20, which was released yesterday, the anti-graft court’s sixth division denied the joint motion for reconsideration of senior chief petty officer Adelardo Hernandez, petty officer second class Jeffrey Jumawan and petty officer first class Nestor Almeda.

Also denied were the motions for reconsideration of former PPA terminal manager Edgardo Tidalgo and former BOC-Butuan Customs collector Diego Odchimar Jr.

They were convicted of graft and sentenced to up to eight years in prison with the accessory penalty of perpetual disqualification from holding public office.

The court also ordered the five former officials to jointly pay the government P15 million,which is equivalent to the value of the 15,000 sacks of smuggled rice that arrived at Lumbocan Port on July 11, 2002.

“The court finds no cogent reason to warrant the reversal of the assailed decision. The substantial issues raised by the accused in their respective motions for reconsideration have been addressed by the court,” the sixth division’s new resolution read.

The court found no merit in the argument of the accused that the prosecution failed to establish their conspiracy to commit the crime.

It reiterated its finding that the former officials did not act despite receiving reports that the cargo ship M/V Rodeo contained smuggled rice, contrary to the declaration of the consignee that it was carrying fertilizer.

The accused did not apprehend the officers and crew of the ship even though they failed to present the required documents such as bill of lading and permit from the National Food Authority, the court added.