Justice Sector Pressed to Show Smugglers Aren't Untouchable

A SENATOR on Thursday challenged the Department of Justice (DoJ) and National Bureau of Investigation (NBI) to prove that large-scale agricultural smugglers are not “untouchable,” amid cases that stalled or were dismissed over alleged missing documents from the Bureau of Customs (BoC). A SENATOR on Thursday challenged the Department of Justice (DoJ) and National Bureau of Investigation (NBI) to prove that large-scale agricultural smugglers are not “untouchable,” amid cases that stalled or were dismissed over alleged missing documents from the Bureau of Customs (BoC). Senator Francis Pancratius “Kiko” N. Pangilinan, chair of a Finance subcommittee, raised the issue during a hearing on the DoJ’s proposed 2027 budget, citing multibillion-peso in seized agricultural products that stalled because prosecutors lacked certified true copies of supporting documents. “Prove to us that these billionaires who smuggle billions of pesos worth of agricultural products… are not untouchable,” Mr. Pangilinan told Justice Secretary Fredderick A. Vida and NBI Director Melvin A. Matibag in mixed English and Filipino. He said he was willing to support the DoJ’s budget if they could show that major smugglers would be held accountable. Mr. Pangilinan said about 90% of the cases lacked certified true copies and questioned why shipments initially reported at more than P10 million appeared to have lower valuations by the time they reached the case stage. Mr. Pangilinan noted that agricultural smuggling cases involving seized goods valued below P10 million are bailable. “[I]f it’s below P10 million, it’s just a drawing. But there are cases reported at more than P10 million, yet when it comes to the filing of the case, the amount has already shrunk,” he said in Filipino. Mr. Matibag said the NBI had received cases involving higher-value agricultural seizures during his tenure, including an onion shipment worth P37 million and chicken worth P12 million. Mr. Vida said the DoJ was returning dismissed cases to the BoC and Bureau of Internal Revenue so missing documents could be resubmitted and cases pursued against those responsible, subject to prescription rules. He also said that he had discussed the matter with the Office of the Ombudsman. “If they do not comply, dereliction of duty,” Mr. Vida said, quoting Ombudsman Jesus Crispin C. Remulla in mixed English and Filipino. “What’s frustrating is as simple as a document, as a bill of lading, a simple document, a certified true copy will cause the dismissal of the case,” he added. Mr. Matibag said the DoJ, BoC and NBI will sign a tripartite agreement on Sept. 28 covering the smuggling of agricultural products, cigarettes and other goods. Mr. Vida said the DoJ would apply the law regardless of the identity or stature of those being investigated. “We uphold one thing: the rule of law. No one should be above the law,” he said. Mr. Vida added that he disagreed with commentators who said the approach has a “chilling effect,” saying it instead marked the “advent of the rule of law in the Philippines” and should become the norm. The committee approved the DoJ’s proposed 2027 proposed budget of P46.435 billion for plenary consideration. — Mark Joseph M. Sanchez