By CZARINA NICOLE ONG-KI
The Sandiganbayan Sixth Division has convicted five officials from the Philippine Coast Guard (PCG), Philippine Ports Authority (PPA), and Bureau of Customs (BoC) of graft for failure to seize and forfeit smuggled rice worth P15 million in 2002.
PCG Senior Chief Petty Officer Adelardo Hernandez, Petty Officer Second Class Jeffrey Jumawan, Petty Officer First Class Nestor Almeda, PPA Terminal Manager Edgardo Tidalgo, and BoC Collector of Customs II Diego Odchimar Jr. were sentenced to suffer an indeterminate penalty of imprisonment of six years and one month as minimum to eight years as maximum with perpetual disqualification from holding public office.
They were also ordered to pay P15 million, which is equivalent to the value of the 15,000 sacks of rice that were smuggled, with interest at the rate of six percent per annum from the date of the decision’s finality.
Meanwhile, their co-accused, Police Lt. Col. Felix Gonzales, Police Capt. Reynaldo Batoon, Police Master Sgt. Domingo Lucero Jr., Police Technical Sgt. Ignacio Espina, and Police Technical Sgt. Jessie Doce from the Philippine National Police Butuan City have been acquitted due to the failure of the prosecution to prove their guilt beyond reasonable doubt.
These officials from Butuan City were convicted of violating Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act for their failure to seize and forfeit in favor of the government in accordance with the Tariff and Customs Code the vessel M/V Rodeo and its cargo of 15,000 sacks of smuggled rice worth P15 million.
In its decision, the anti-graft court said that the crew of M/V Rodeo, after two inspections conducted by the PCG, failed to present any document pertaining to the vessel and its cargo.
However, M/V Rodeo still managed to “surreptitiously” leave Lumbocan Port on July 12, 2002.
“The Court takes note of the seeming laxity in the operation of the Lumbocan Port during the period relevant to this case,” the Sandiganbayan said. “This lackadaisical management of the Lumbocan Port appears to pervade the 24 hours that M/V Rodeo was docked.”
The anti-graft court noted that the individual actions and inactions of PCG officers Hernandez, Almedia, and Jumawan, together with PPA Terminal Manager Tidalgo, and Customs Collector Odchimar and Customs Police Patriano, each contributed to the escape of M/V Rodeo.
Their failure to seize and forfeit its cargo, therefore, caused undue injury to the government, the Sandiganbayan said.
“Had they dutifully performed their functions, M/V Rodeo would not have escaped, and said vessel and its cargo would have been forfeited in favor of the government,” it stressed in a 79-page decision written by Sixth Division Chairperson Sarah Jane Fernandez and concurred in by Associate Justices Karl Miranda and Kevin Narce Vivero.