The National Bureau of Investigation yesterday filed a criminal complaint against former Bureau of Customs Commissioner now Technical Education and Skills Development Authority Director General Isidro Lapeña and several others, including former BoC intelligence officer Jimmy Guban, over their alleged involvement in the smuggling of billions of pesos worth of suspected shabu concealed in magnetic lifters.
The NBI filed the complaint before the Department of Justice against Lapeña concerning the two magnetic lifters found at the Manila International Container Port and the four magnetic lifters in a warehouse in General Mariano Alvarez, Cavite.
In the complaint, NBI Director Dante Gierran sought the prosecution of Lapeña for both instances for dereliction of duty in violation of the Revised Penal Code; violation of Section 3(e) of the Republic Act 3019 (Anti-Graft and Corrupt Practices Act); and grave misconduct in violation of the Code of Conduct for Public Officials and Employees.
“The BoC was headed by Commissioner Lapena during the issue in the magnetic lifters arise. Accordingly, Commissioner Lapeña has the duty to exercise any Customs power and functions in accordance with Section 20, in relation to Section 202 of the Customs and Tariff Act (CMTA) or RA 10863,” the NBI said in the complaint.
However, the NBI explained Lapeña failed to do so since he did not file any charges against those involved in the shipment of magnetic lifters.
It pointed out violations have been made when the two magnetic lifters were declared as door frames.
“His deliberate intent to favor the violator was manifested by the fact, in spite the violators were identified by Commissioner Lapeña, he did not prosecute or cause the prosecution of the violators,” the NBI said.
The NBI also indicated that the four magnetic lifters were shipped along with two undeclared boxes and should have been subjected to 100 percent physical examination in accordance with the CMTA.
“However, up to this time, the Bureau of Customs did not initiate a case against the consignees and importers of the magnetic lifters,” it stated.
The NBI also charged Lapeña’s co-accused lawyer Vener Baquiran over the magnetic lifters in Manila, while lawyer Zsae Carrie de Guzman, John Mar Morales, and Benjamin Cajucom are his co-accused for the magnetic lifters in Cavite. (Jeffrey Damicog)
