SC junks MR to release ‘hot rice’; Ombudsman’s brother in ‘hot water’

Fake rice, which is believed to be made of potatoes and resin, could last for days and would smell like potatoes when burned. (Screengrab from ANC report)

MANILA — The Supreme Court (SC) has dismissed the plea for the release of the “hot rice” while the brother of Ombudsman Conchita Carpio Morales is now in “hot water” for the release of the smuggled rice.

In a resolution dated June 23, 2015, the SC en banc denied the motion for reconsideration (MR) for the release of the rice which were pleaded by respondents Joseph Mangupag Ngo, Danilo Galang and Ivy Souza.

The resolution was signed and promulgated by SC en banc clerk of court Atty. Enriqueta E. Vidal.

The private respondents argued that their rice which were seized by the Bureau of Customs (BOC) will be deteriorated if it will not be released.

The hot rice were released in the lower court upon the approval of the brother of Ombudsman Conchita Carpio Morales, Davao City Regional Trial Court (RTC) Judge Emmanuel Carpio and Manila RTC Judge Cicero Jurado, Jr.

Administrative charges was filed before the SC against Judge Carpio, by farmers group led by Jaime Tadeo, Alyansa Agrikultura leader and chair of the National Farmers Council (NFC), and asked the SC to dismiss them from the service.

The release of the smuggled rice was stopped by the SC upon the issuance of a resolution against Judges Carpio and Jurado on April 22, 2014.

The private respondents have filed an MR since it will have strong effect to the economy due to rice shortage and El Nino phenomenon.

However, the SC denied the MR.

“In view of the foregoing, the Court finds respondents’ motion for reconsideration of this Court’s resolution of April 22, 2014 lacking in merit,” the SC ruled.

The SC also ruled that the manifestation with motion to withdraw motion for reconsideration filed by the respondents in view of the pending petition for review with the Court of Tax Appeals (CTA) does not hold water.

The SC said that the motion to withdraw is just masquerading and misleading the Court “because it does not actually seek the withdrawal of their motion for reconsideration.”

“A withdrawal of the motion for reconsideration cannot be ordered by the Court because it does not grant a relief that is not being sought for,” it added.

“Wherefore, the manifestation with motion to withdraw motion for reconsideration filed by respondents Joseph Mangupag Ngo, Danilo G. Galang and Ivy M. Souza is treated as a mere manifestation duly noted by the Court in the Resolution dated October 7, 2014 while their motion for reconsideration is Denied,” the SC resolution said.

The SC said that the BOC “is not covered by the temporary restraining orders (of the lower courts). Hence, the said agency may proceed as it may deem proper to the best advantage of the government, and undertake such procedures with regard to the subject rice shipments in its custody.”

The SC added that the Office of the Solicitor General (OSG) is disputing the ownership of the same.

In the case of Galang, the SC issued a temporary restraining order (TRO) against Judge Jurado. The issue involves the release of the rice in the Port of Manila which were suspected to be smuggled.

The District Collector of the BOC for the Port of Manila seized the rice shipment in 480 shipping containers owned by Galang under the trading name of Hildegard Grains Enterprises.

It was concluded in the lower court that Galang bought the rice from Bold Bidder Marketing which is owned by Souza.

The BOC has denied the motion for the release of the rice shipments considering that the importation was made without the permits from the National Food Authority (NFA).

However, Jurado ordered the release of the same which prompted the government to seek refuge from the SC.

In the case of Ngo, the BOC stopped Ngo’s shipment of 91,800 bags of rice; the shipment was imported by controversial rice importer Starcraft Trading Corp., which entered into an agreement with NGO for the purchase of said shipment.

Starcraft has been linked to the alleged rice smuggling king Davidson Bangayan or also known as “David Tan.

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The said shipment arrived in the Port of Davao from October until November 2013.

The release of the shipments were stopped by the BOC and were held by the BOC in the absence of the required import permits from the NFA.

With this, Ngo asked for a permanent injunction from Judge Carpio, alleging that quantitative restriction on the importation of rice and securing a rice import permit may no longer be imposed by government in view of the expiration last June 30, 2012 of the Special Treatment (ST) for Rice Importation granted to the Philippines under the Agreement of the World Trade Organization (WTO).

In the SC findings, it said that “respondents’ reliance on Article 1311 of the Civil Code is misplaced. Petitioners (government) are not challenging the validity of the alleged contracts between Ngo and Starcraft and between Galang and Souza. What is in issue is whether Ngo and Galgn were able to prove their respective rights of ownership over the rice shipments as would entitle them to injunctive relief.”