Manila Bulletin
OMB special panel recommends filing charges against Faeldon, Aquino for rice smuggling
OMB special panel recommends filing charges against Faeldon, Aquino for rice smuggling
OMB special panel recommends filing charges against Faeldon, Aquino for rice smuggling
Published Apr 21, 2019 11:41 am
By Raymund Antonio
A special investigating panel from the Office of the Ombudsman has recommended the filing of graft charges against former Bureau of Customs commissioner Nicanor Faeldon and former National Food Authority administrator Jason Aquino in connection with the smuggled rice in Cagayan De Oro in 2017.
Office of the Ombudsman (MANILA BULLETIN)
The fact-finding panel found probable cause to charge Faeldon, who is now the Bureau of Corrections chief, and Aquino for Section 3 (e) of Republic Act No. 3019 or Anti-Graft and Corrupt Practices Act.
“Let an information be filed before the Sandiganbayan against Jason Lauerano Y. Aquino, Nicanor E. Faeldon…for violation of Section 3 (e) of RA No. 3019,” said the resolution approved by Omdusman Samuel Martires on April 4, 2019, a copy of which was obtained by Manila Bulletin.
Aside from the two, the panel also recommended charges against former Cagayan De Oro Port collector Tomas Alcid, ex-Customs Liaison Officer to NFA Geniefelle Lagmay, Lucio Roger Lim Jr., Rowena Lim and Ambrosio Ursal Jr.
The complaint against Filomena Lim, Josephine Rizalde, and Joselito Lopez was dismissed for insufficiency of evidence.
The Ombudsman also junked the charges of Section 3 (j) of RA No. 3019 and Section 3 (a) and (c) of RA No. 10845 or the Anti-Agricultural Smuggling Act of 2016 against the respondents.
“As regards the alleged violation of Section 3 (j) of RA 3019, this Office deems it proper not to pursue the said charge since the acts upon which the charge is based relate to the same transaction wherein respondents will be indicted for violation of Section 3 (e) of RA 3019,” the resolution read.
“With respect to violation of Section 3 (a) and (c) of RA 10845, the allegation of conspiracy between private and public respondents in smuggling the rice shipments into the Philippine port reveals no ample proof, hence this Office has no jurisdiction over said case as the culpability thereof appears to point only to private respondents,” it added.
Senator Panfilo Lacson filed the complaints against Faeldon before the Ombudsman two years ago for allegedly allowing the illegal importation of 40,000 bags of Vietnam rice.
In his complaint, Lacson said Faeldon and the other individuals should be held liable for “conspiring to smuggle” two rice shipments consigned to Cebu Lite Trading, Incorporated without payment of customs duties and taxes and for allegedly allowing the use of “fake” import permits.
The first shipment containing 21,800 bags of Vietnamese long grain white rice, valued at $370,600, arrived at the Port of Cagayan De Oro on March 9, 2017.
Another shipment, with 18,200 bags of the same type of rice, valued at $309,400, entered the country through the same port.
“Aquino issued the IPs while Lagmay, Faeldon and Alcid released the smuggled Vietnam rice despite these shipments having been declared, abandoned, and seized,” the resolution said.
This is the first resolution from the Office of Ombudsman on the complaints of Lacson against Faeldon. The senator also filed ad administrative complaint against Faeldon, including Aquino, Alcid, and Lagmay for grave misconduct for their "flagrant disregard of the established rules of procedure of the BOC in allowing the smuggling of rice shipments."
Office of the Ombudsman (MANILA BULLETIN)
The fact-finding panel found probable cause to charge Faeldon, who is now the Bureau of Corrections chief, and Aquino for Section 3 (e) of Republic Act No. 3019 or Anti-Graft and Corrupt Practices Act.
“Let an information be filed before the Sandiganbayan against Jason Lauerano Y. Aquino, Nicanor E. Faeldon…for violation of Section 3 (e) of RA No. 3019,” said the resolution approved by Omdusman Samuel Martires on April 4, 2019, a copy of which was obtained by Manila Bulletin.
Aside from the two, the panel also recommended charges against former Cagayan De Oro Port collector Tomas Alcid, ex-Customs Liaison Officer to NFA Geniefelle Lagmay, Lucio Roger Lim Jr., Rowena Lim and Ambrosio Ursal Jr.
The complaint against Filomena Lim, Josephine Rizalde, and Joselito Lopez was dismissed for insufficiency of evidence.
The Ombudsman also junked the charges of Section 3 (j) of RA No. 3019 and Section 3 (a) and (c) of RA No. 10845 or the Anti-Agricultural Smuggling Act of 2016 against the respondents.
“As regards the alleged violation of Section 3 (j) of RA 3019, this Office deems it proper not to pursue the said charge since the acts upon which the charge is based relate to the same transaction wherein respondents will be indicted for violation of Section 3 (e) of RA 3019,” the resolution read.
“With respect to violation of Section 3 (a) and (c) of RA 10845, the allegation of conspiracy between private and public respondents in smuggling the rice shipments into the Philippine port reveals no ample proof, hence this Office has no jurisdiction over said case as the culpability thereof appears to point only to private respondents,” it added.
Senator Panfilo Lacson filed the complaints against Faeldon before the Ombudsman two years ago for allegedly allowing the illegal importation of 40,000 bags of Vietnam rice.
In his complaint, Lacson said Faeldon and the other individuals should be held liable for “conspiring to smuggle” two rice shipments consigned to Cebu Lite Trading, Incorporated without payment of customs duties and taxes and for allegedly allowing the use of “fake” import permits.
The first shipment containing 21,800 bags of Vietnamese long grain white rice, valued at $370,600, arrived at the Port of Cagayan De Oro on March 9, 2017.
Another shipment, with 18,200 bags of the same type of rice, valued at $309,400, entered the country through the same port.
“Aquino issued the IPs while Lagmay, Faeldon and Alcid released the smuggled Vietnam rice despite these shipments having been declared, abandoned, and seized,” the resolution said.
This is the first resolution from the Office of Ombudsman on the complaints of Lacson against Faeldon. The senator also filed ad administrative complaint against Faeldon, including Aquino, Alcid, and Lagmay for grave misconduct for their "flagrant disregard of the established rules of procedure of the BOC in allowing the smuggling of rice shipments."