BOC: Overt acts of Mark Taguba, 8 others make them liable for P6.4-B shabu shipment

The Bureau of Customs (BOC) on Wednesday insisted before the Department of Justice (DOJ) that there is basis to file smuggling charges in court against Mark Taguba and eight others in connection with the P6.4-billion shabu shipment from China.

Commenting on the denials of the respondents in the complaint for violations of Republic Act 10863 (Customs Modernization and Tariff Act) in relation to Republic Act 9165 (Comprehensive Dangerous Drugs Act), the BOC said it was “clear that based on their overt acts, each defendant may be constituted as principal by indispensable cooperation.”

“That contrary to the denial of defendants, the process that the defendants adapted in processing the shipments were compartmentalized and structured in such a way to ensure impunity,” BOC’s reply affidavit stated.

Named respondents in the complaint are Philippine Hongfei Logistics Group of Companies Inc. chairman Chen Ju Long, also known as Richard Tan or Richard Chen, alleged Customs fixer Mark Ruben Taguba II, businessman Kenneth Dong, Eirene May Tatad, owner of EMT Trading, consignee of the drug shipment, Taiwanese nationals Chen Min and Jhu Ming Jyun, warehouseman Fidel Anoche Dee, customs broker Teejay Marcellana, Manny Li and unidentified individuals whom the BOC believed to have been involved in the shabu shipment.

Using some of the respondents’ admission to bolster its case, the BOC said Li continued to process the shipment by coordinating with Dong despite Li’s initial suspicion that the shipment contained illegal drugs.

The BOC disputed Taguba’s claims that the identity of the shipment which was found by authorities in Hong Fei’s warehouse in Valenzuela City on May 26 has not been “sufficiently established,” noting Chen’s counter-affidavit showed that it was the same shipment, MCLU6001881, that arrived at the warehouse.

Taguba’s argument that only the importer and consignee could be held liable for illegal importation only merited scant consideration, the BOC said, since he has already admitted to facilitating the shipment with BOC, thus “assisting in fraudulently importing into the Philippines the drug shipment.”

The BOC also said the smuggling case was not mooted due to the pending illegal drug importation case with the Valenzuela City Regional Trial Court, arguing the two cases are separate and distinct.

“This being the case, probable cause has been sufficiently established against all respondents and that there is no need to belabor the statements and defenses of the respondents especially since the crime charged is for violation of RA 10683, a special law, therefore mala prohibita [Latin term for wrong because it is prohibited], making intent unnecessary to be established,” the reply affidavit stated.

Another hearing will be held on Jan. 4, 2018 for the filing of memorandum by the BOC and the respondents, afterwhich the case is submitted for resolution by Assistant State Prosecutor Charlie Guhit. —ALG, GMA News