MANILA, Philippines - The Sandiganbayan has dismissed a graft case against former Philippine Coast Guard commandant Edmund Tan after prosecutors failed to prove he caused a businessman undue injury by detaining the businessman’s shipment in 2007.
In a decision released yesterday, the Sandiganbayan said it was actually businessman Reynaldo Chua’s fault that his barge was held for a prolonged period of 25 days, causing him to lose P500,000.
The anti-graft court said Chua himself admitted that the detention was prolonged due to other deficiencies in the barge found by the Department of Environment and Natural Resources.
“The damages in the form of demurrages were incurred initially as a consequence of the implementation of the judicial order and later due to administrative lapses on the part of Chua himself as explained by him in court,†the decision, penned by Associate Justice Maria Cristina Cornejo, read.
The Sandiganbayan noted that Tan ordered Chua’s barge, which contained a shipment of iron, detained for only four days and this cannot constitute undue injury under the anti-graft law.