Company execs cleared of rice smuggling raps

MANILA, Philippines - Five officials of a freight forwarding firm have been cleared of rice smuggling charges that the Bureau of Customs (BOC) filed against them last year.

Dismissing the BOC’s appeal, the Department of Justice (DOJ) Task Force on Anti-Smuggling affirmed its Sept. 25, 2013 order clearing All System Logistics Inc. (ASLI) officials Mary Lou Estrada, Antonio Estrada, Humprey Tumaneng, Ana Myra Gonzales and Anthony Dexter Yu.

Justice Undersecretary Francisco Baraan III signed the resolution last May 26. It was released earlier this week.

The five were charged with violating Section 3601, in relation to Section 101 of the Tariff and Customs Code of the Philippines for allegedly smuggling rice from Vietnam.

The DOJ said it found no “convincing evidence” that the five “knowingly smuggled” fragrant white Vietnam rice from Mat Bien Maritime Co. Ltd. in March 2013.

ASLI as a consignee had “repeatedly warned” Mat Bien that its shipment would not be allowed entry into the Philippines without the necessary importation permits, the DOJ added.

The DOJ said upon evaluation of the case record, it was apparent that prior to the shipment’s arrival in Philippine ports, or as early as March 1, 2013, respondents through their Cebu office had categorically advised Lucky Nguyen of Mat Bien Maritime to have the carrier retain the shipment on board and to return it to Vietnam as it is a “prohibited importation” and considered “hot stuff.”

“We cannot infer from the foregoing circumstances the purported willful intent of the respondents to fraudulently bring into the Philippines the prohibited merchandise,” the DOJ said.

The DOJ said ASLI’s Cebu office had repeatedly informed Mat Bien’s Lucky Nguyen – through a series of e-mails – why the rice shipments could not be unloaded into Philippine ports.

ASLI’s efforts to refuse the entry of the shipments “negate respondents’ active participation” in the alleged rice smuggling, the DOJ added.

It shows Mat Bien’s futile attempt to manipulate and use respondents’ company to cover up its illegal transaction, the DOJ said.

In a statement, ASLI said, “ASLI stands by its vision – to be recognized as one of the most professional freight forwarding companies in the Philippines, and to provide the highest level of service to our customers, including that of our country, by abiding by its importation laws.”

Seized in March last year, the rice shipments inside two shipping containers also carried allegedly smuggled merchandise under Mactech Industrial Machines and Supply and Berthand Enterprises.

Mactech and Berthand’s rice shipments – both coming from Singapore – were declared as stone slabs and as cellulose fiber.

The BOC also seized another shipping container containing three smuggled vehicles that the Philippine Genesis Freight Unlimited Inc. had imported from South Korea.