MANILA – A ruling by the Sandiganbayan anti-graft court has found three coast guard personnel and two others liable for failing to seize a cargo vessel suspected of smuggling more than 15,000 sacks of imported rice in Butuan City in 2002.
In an 80-page decision dated Sept. 29, the Sandigan through Associate Justice Sarah Jane T. Fernandez found Philippine Coast Guard Senior Chief Petty Officer Adelardo P. Hernandez, Petty Officer Second Class Jeffrey F. Jumawan and Petty Officer 1st Class Nestor F. Almeda guilty beyond reasonable doubt for violation of Republic Act 3019 or Anti-Graft and Corrupt Practices Act and sentenced them to up to eight years imprisonment.
Likewise, convicted were Philippine Ports Authority Butuan City Terminal Manager Edgardo H. Tidalgo and Bureau of Customs (BOC) Butuan City collector Diego P. Ochidmar Jr.
Aside from imprisonment, the anti-graft court ordered them to pay PHP15 million to the government representing the value of the rice with interest.
The Coast Guard personnel had left M/V Rodeo unguarded to have lunch outside the port which allowed the ship to leave the port without authorization. M/V Rodeo had its name painted over into “M/V Jean” before slipping away from Lumbocan Port on July 12, 2002.
Hernandez admitted he did not inform the BOC and National Food Authority of M/V Rodeo’s failure to present pertinent documents for the transported rice.
The accused “by their own acts constituting gross inexcusable negligence and bad faith” are responsible for failure of the government to seize, detain and forfeit MV Rodeo and its cargo, the court said.