Tuburan mayoralty bet cleared of smuggling charges

After 10 years, the Regional Trial Court in Lapu-Lapu City dismissed the smuggling case against Tuburan mayoralty candidate Democrito Diamante, Jr. for insufficiency of evidence.

“Ang pag-dismiss sa akong kaso nagpamatuod lang kini nga dili ko smuggler. I am vindicated that finally the truth came out,” Diamante said in a press conference yesterday.

In 2000, the Bureau of Customs accused Diamante of unlawful importation and fraudulent practice.

BOC had alleged that Diamante conspired with another person in importing dutiable items contained in 17 packages when he was still manager of Target Airfreight based in Lapu-Lapu City. The 17 packages were allegedly “feloniously, unlawfully and willfully” made to slip through the Mactan Cebu International Airport.

The packages reportedly contained 3,515 Guess watches, 17 Rolex empty cases and 34 Guess empty boxes with an estimated value of P7 million.

The shipment was allegedly contrary to what was declared in the airway bill, which said the shipment was that of seven boxes containing electric parts weighing 152 kilos with a total value of 12,800 Japanese Yen.

“Gi-apil lang ko og kiha tungod kay ako ang manager sa forwarding company,” Diamante said. He clarified yesterday that he does not own Target Airfreight.

A year after the charges were filed against him, Diamante reportedly resigned from his job to put up his own Customs brokerage, the Diamond Logistics and Customs Brokerage based in Cagayan de Oro.

On August 15, 2001, Diamate entered a plea of not guilty to the charges.

The pre-trial, which was originally scheduled on October 22, 2001 never materialized after being rescheduled for several times. It was eventually ordered terminated on February 3, 2003.

A prosecution witness, Prospero Booc, testified in court that he has no knowledge who made the import entry and does not know Diamante. The prosecution then rested its case after Booc’s testimony and failed to present evidence on May 22, 2003.

“That’s a one million dollar question kung asa na to ang mga relo karon. Kay wala man gyud na gi-presenta didto sa korte,” said Diamante’s lawyer Rico Amores.

Amores, who is also running for vice mayor in Lapu-Lapu City, said BOC’s failure to present evidence was what prompted them to file a demurrer to evidence.

In his April 21, 2010 Omnibus Order, Branch 7 Presiding Judge Toribio Quiwag said “the prosecution failed to prove the elements of the crimes charged. It even failed to identify the accused. Suffice it to say, there is no sufficient evidence to support conviction of the accused.” — Mitchelle L. Palaubsanon/JMO