DOJ affirms dismissal of rice smuggling raps vs company

The Department of Justice has affirmed the dismissal of smuggling charges against a freight forwarding company accused last year of illegally importing rice from Vietnam.

In a four-page resolution signed by Justice Undersecretary Francisco Baraan III, the DOJ affirmed a September 25, 2013 order by the Task Force on Anti-Smuggling clearing All System Logistics Inc (ASLI) of charges for violation of Section 3601, in relation to Section 101 of the Tariff and Customs Code of the Philippines.

"We have carefully reviewed the records of the case and the pieces of evidence submitted by the parties and we find the dismissal of the charges against the above-named respondents in order," said the DOJ in its May 26, 2014 resolution.

"Hence there is no cogent reason to reverse, much less, to modify the said (September 2013) findings, the same being supported by evidence and in accord with existing laws and jurisprudence," it added.

Cleared of the charges were respondents and ASLI officers Mary Lou Estrada, Antonio Estrada, Humprey Tumaneng, Ana Myra Gonzales and Anthony Dexter Yu. The smuggling complaints was filed last year by the Bureau of Customs.

In its latest ruling, the DOJ said there was no "convincing evidence" to show that the accused ASLI officers "knowingly smuggled" Vietnam fragrant white rice from Mat Bien Maritime Company Limited into the Philippines in March 2013.

In fact, the DOJ noted how 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.

"Upon our evaluation of the case record, it is apparent that prior to the arrival of the subject shipment in Philippine ports, or as early as 13 March 2013, respondents through their Cebu office categorically advised Lucky Nguyen of Mat Bien Maritime Company Limited to have the carrier retain the shipment on board and to return the same to Vietnam because the commodity is a 'prohibited importation' and the same is considered 'hot stuff,'" read the resolution.

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.

"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 ruled.

The DOJ said ASLI's efforts to refuse the entry of the shipments "negates respondents' any active participation" in the alleged rice smuggling. "What it shows is Mat Bien's futile attempt to manipulate and use respondents' company to cover up its illegal transaction," it added.

In a statement, ASLI welcomed the dismissal of the case.

"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."

The rice shipments were inside two container vans when they were seized in March last year. Confiscated along with the rice shipments were other allegedly smuggled merchandise under Mactech Industrial Machines & Supply, and Berthand Enterprises.

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

At the time, Customs officials also seized another container van containing three smuggled vehicles imported from South Korea by the Philippine Genesis Freight Unlimited, Inc. — LBG, GMA News