In a four-page counter-affidavit submitted to the Office of the Ombudsman-Visayas, Mangaoang described the complaint filed against her by Charles Almendras as malicious and fabricated aimed at destroying her reputation.
Almendras, Cebu branch manager of the Sterling Insurance Company Inc., accused Mangaoang of grave misconduct, dishonesty, grave abuse of authority, violating the anti-graft and corrupt practices act and the code of ethical standards for public officials and employees.
He alleged that Mangaoang connived with Cagayan de Oro City-based insurance agent Pilarcita Pearson and her boss in Manila named Rafael del Villar Sr. to compel the importers to secure their re-export bonds directly from Pearson.
Almendras and Pearson are both connected with Sterling Insurance Company Inc., but they are competing with each other in securing the renewal of the Customs re-export bond for the Aboitiz-owned Supercat Fast Ferry Corporation.
Mangaoang denied the renewal of the re-export bond filed by Almendras and approved the documents submitted by Pearson.
She said, "I have no authority to dictate or impose on the importer which surety company to get when posting Customs bond." A Customs bond stands as guarantee for the performance of various obligations of the importer.
Mangaoang said it is up to the importer which company to get as long as the requirements under the rules are complied with.
"There was not a single instance in my life where I tried to manipulate official transactions in my office, much less resort to threat or intimidation," Mangaoang said.
According to her, it happened because Almendras' agent, Lelis Lim, insisted on not to submit the official receipt or the proof of premium payment as required in the Memorandum Order 19-91 issued by then Customs commissioner Salvador Mison.
She said one way to make certain that the government is protected is to require the submission of the official receipt or proof of premium payment to guarantee that there is a contract between the surety company and the importer that in case the importer would renege on its obligation, the government could go after the surety company.
Mangaoang also denied that she gave special preference to Pearson and that she conspired with her to control the approval of Customs bonds. - Rene U. Borromeo