Ombudsman pushes graft raps vs three BoC officials over missing smuggled rice

CEBU, Philippines - The Office of the Ombudsman-Visayas has recommended the filing of a case against three officials of the Bureau of Customs-Port of Cebu for violating the Anti-Graft and Corrupt Practices Act over smuggled rice.

Graft investigation and prosecution officer Irish Inabangan Amores found sufficient evidence to hold District Collector Edward De La Cuesta; Special Police Major Camilo Cascolan of BOC’s Enforcement and Security Service; and Special Agent 1 James Aguilar of BoC’s National Customs Police, for trial. 

“Respondents committed gross inexcusable negligence in dealing with the abandoned smuggled rice which resulted to its pilferage. There was gross inexcusable negligence on their part because it was incumbent upon them to safeguard the abandoned smuggled rice, yet they deliberately failed on this respect,” the resolution read. 

Ombudsman’s Public Assistance and Corruption Prevention Office (PACPO)-Fact-Finding Investigation Division conducted an investigation based on a newspaper report on the alleged pilferage of smuggled rice stored in container vans at the Cebu International Port Court Yard (CIP-CY). 

The BOC-Cebu, Cebu Port Authority and the National Bureau of Investigation-7 were directed to submit their respective investigation reports on the alleged pilferage. 

Based on the evidence, it was revealed that there were 272 imported sacks of rice stored in nine container vans at CIP-CY that were declared missing.

The PACPO alleged that De La Cuesta is liable for the pilferage as he has jurisdiction over all matters arising from the enforcement of tariff and customs laws within his collection district as well as Cascolan and Aguilar. 

The government has suffered actual damage amounting to P373,904.80, according to the PACPO, as the said abandoned goods can be disposed through public auction. 

For De La Cuesta, he cannot be held liable for the missing sacks of rice because it was the Oriental Port and Allied Service Corporation (OPASCOR) that has the obligation to secure the cargo from pilferage and losses under cargo handling operator’s custody. 

He added that he cannot be expected to guard the said goods for 24 hours a day. 

“…the primary responsibility of securing these goods at the custody of OPASCOR lies with the District Commander of the ESS and the designated DEA Officer on duty at the time of the occurrence of the loss,” De La Cuesta said, adding that if his subordinates failed to secure the goods, he cannot be held liable merely by the “principle of command responsibility.” 

Cascolan and Aguilar also denied any responsibilities in the alleged pilferage. They alleged that the smuggled sacks of rice were kept in the CIP-Cy, a restricted area, where no vehicle or person is allowed entry unless covered by an International Ship and Port Security (ISPS) Access Pass by the CPA. 

But amid their denial, Amores found grounds to hold the three BoC officials liable of the offense charged. 

“This Office finds that the pilferage of the 272 sacks of smuggled rice is attributable to respondents,” the resolution read.

Amores, however, dismissed the malversation of public property case filed against the three for insufficiency of evidence. —  (FREEMAN)