BOC files admin raps vs Manila RTC judge over TRO vs raids on Mighty Corp. warehouses

The Bureau of Customs (BoC) on Monday filed administrative charges before the Supreme Court against Judge Tita Bughao Alisuag of Manila Regional Trial Court (RTC) Branch 1 who issued a temporary restraining order (TRO) which stopped its raids and inspections on warehouses of the controversial tobacco firm Mighty Corporation. (Photo: Mighty Corporation)

MANILA–The Bureau of Customs (BoC) on Monday filed administrative charges before the Supreme Court against Judge Tita Bughao Alisuag of Manila Regional Trial Court (RTC) Branch 1 who issued a temporary restraining order (TRO) which stopped its raids and inspections on warehouses of the controversial tobacco firm Mighty Corporation.

In a 24-page complaint, Commissioner Nicanor Faeldon asked the Supreme Court (SC) to declare Judge Alisuag administratively liable for gross ignorance of the law after issuing a TRO against BOC despite her lack of authority to do so, and for gross violation of the New Code of Judicial Conduct for exhibiting unquestionable bias and partiality in favor of Mighty Corporation

Faeldon stressed that Alisuag blatantly disregarded the long-established rule that regular courts do not have jurisdiction over seizure and forfeiture proceedings.

Faeldon also alleged that the judge committed gross violation of the New Code of Judicial Conduct for allegedly “exhibiting unquestionable bias and partiality in favor of Mighty Corporation”.

The BOC has exclusive jurisdiction over all seizure and forfeiture cases as per Section 202 of Republic Act No. 10863 or the Customs Modernization and Tariff Act (CMTA). Section 301 of the CMTA further provides that “[a]ll goods, including means of transport, entering or leaving customs territory, regardless of whether they are liable to duties and taxes, shall be subject to customs control.”

The complaint also stated that “the TRO was overbroad, practically prohibiting the BOC from exercising its mandate over Mighty Corporation.” It “effectively made Mighty Corporation untouchable and immune from any and all acts of the BOC.”

Faeldon warned that counterfeit cigarettes of Mighty Corporation not only deprive the government of billions in revenue but could also pose harm when exposed to the general public.

It can be recalled that Alisuag issued on March 6 a TRO that prevents BOC from conducting raids and inspections at the warehouses of cigarette manufacturer Mighty Corporation.

The judge issued the TRO upon Mighty Corp.’s petition filed on March 3, which alleged that the BOC and BIR operatives discovered “there were no counterfeit, fake or smuggled goods” in the warehouses but still proceeded with the raid, the conduct of which was not in the scope of their mission order.

The TRO is effective for 20 days from the filing of the case on March 3, or up to March 23.

The RTC is set to hear the case today the plea of Mighty Corp. for preliminary injunction.

BOC legal service head Alvin Ebreo said they would seek the Alisuag’s inhibition from the case.

Earlier, the company has already denied the allegations that it used fake tax stamps on its cigarettes.

Mighty Corporation Owner Alex Wongchuking, lawyer Sigfred Fortun said there is ‘a process and assessment” for that but that for now, Wong Chu King is ready to cooperate with authorities.