MANILA, Philippines – The investigation by an independent panel created by the Palace into alleged anomalies in handling of a P6.2-billion shabu haul in Subic has concluded with the unclear delineation of duties between the Subic Bay Metropolitan Authority (SBMA) and agencies operating within the freeport blamed for the unsuccessful illegal drug case.
In a summary of its eight days of hearings that concluded last May 13, the three-man panel chaired by retired Supreme Court Justice Carolina Grino-Aquino concluded that the lack of clarity in the roles of the SBMA and the Presidential Anti-Smuggling Group (PASG) bungled the operations involving the seizure of the shabu shipment allegedly owned by Anthony Ang.
“At this point one thing is obvious. The nebulous relations between the SBMA and the government agencies that work within (the freeport) is one culprit in this obviously bungled case,” read the summary, a copy of which was obtained by The STAR.
The panel found during its investigation that PASG operatives did not board and inspect the vessel that carried the contraband despite information on its arrival, thinking that they had no authority to do so.
The PASG agents then sought the authorization of the SBMA, which, however, denied the request, arguing that PASG’s powers were broad enough to allow its men to board and inspect vessels anytime.
The panel, however, has yet to decide on issues involving the dismissal of the complaint against the incorporators of Hualong International Inc., the consignee of the contraband, identified as Robert Lee, Anton Go, Rudy Chua, Cai Changcheng, Cai Wongcong, and Harry Yao.
During the hearing, SBMA deputy administrator Ramon Egragado told the panel that Ang and other people who supposedly facilitated the smuggling of over 714.16 kilos of shabu would have not fled the country if only Customs officials were able to discover the contraband earlier.
Egragado said the Bureau of Customs (BOC) had the full authority to determine the shipment even before the high-grade shabu contained in 73 boxes was offloaded from the F/B Shun Fa Xing because its men are authorized to board vessels while docked at the freeport’s pier.
He said the SBMA had no hand in the confiscation of the contraband.
Egragado explained that although the Subic Bay Freeport Zone is a separate Customs territory and port entry is under the sole authority of the SBMA, there are processes that go beyond its mandate like the inspection of on-vessel and off-vessel cargo.
“Participation (as far as arriving ships is concerned) is before and after arrival. We have no authority to board vessels (for cargo inspection),” he said.
“The very first to know if there is illegal cargo on (a) ship is the Bureau of Customs,” he added.
Egragado added that the BOC, the Bureau of Immigration and the ports’ quarantine department are authorized to send agents to board berthing vessels for inspection. SBMA officers could only board a ship if an offense is actually being committed on board, he added.
However, he admitted that the authority of permitting ships to depart from the pier belongs to the Seaport Department and the SBMA itself with proper coordination with the BOC and the immigration bureau.