DENR exec faces graft raps over entry of Canada trash in 2013

The Office of the Ombudsman has found probable cause to file graft charges against Environment and Natural Resources Undersecretary Juan Miguel Cuna over his alleged mishandling of the Canadian trash that arrived at the Port of Manila in 2013.

The Ombudsman said Cuna would be charged for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act at the Sandiganbayan.

A three-month suspension without pay was also meted against Cuna after the Ombudsman found him guilty of simple misconduct. DENR Secretary Roy Cimatu has been directed to implement the order.

The case stemmed when the Bureau of Customs (BOC) seized at least 67 container vans which contained various kinds of waste from Canada.

Ombudsman investigators found that Canadian exporter Chronic Inc. shipped the container vans to Manila without the required import entry documents. The containers, which were later abandoned, were declared to contain plastic scrap materials but the BOC instead found garbage inside.

The DENR Environmental Management Bureau (EMB) then deemed the garbage as non-recyclable materials, thus marking them an illegal shipment in part due to its lack of an importation clearance.

However, the Ombudsman revealed then-EMB Director Cuna issued a Registry Certificate for the Importation of Recyclable Materials Containing Hazardous Substances in June 2013 despite lacking details on Chronic Inc.'s Importer's Registry Sheet.

The Ombudsman said Cuna, in fact, gave Chronic Inc. six importation clearances even if the Canadian-based company has a pending notice of violation from the DENR for its importation of plastic materials.

"Respondent Cuna acted with gross inexcusable negligence when he issued a Registry Certificate in favor of Chronic Plastics despite the insufficient details in its Importer Registry Sheet," the Ombudsman said.

"Without the necessary information, the EMB cannot sufficiently make a determination that Chronic Plastics is capable of recycling materials to be imported. However, despite this, respondent Cuna still approved Chronic Plastic’s application for registration," it added.

The Ombudsman reminded the EMB of its responsibilities in ensuring the strict implementation of environmental laws and prohibit the importation or production of items with harmful chemicals that may risk to public health.

“It must be emphasized that it is the mission of the EMB to protect, restore and enhance environmental quality towards good public health, environmental integrity and economic viability," it said in the resolution. —NB, GMA News