THE Office of the Ombudsman in the Visayas affirmed the dismissal of the criminal and administrative complaints filed against former Customs Collector Billy Bibit and two others for purportedly withholding Canadian wheat estimated at P1.8 million for more than two months.
In an order, the anti-graft office found no probable cause to indict Bibit, intelligence officer Troy Tan, and customs examiner Eunice Aguilar.
“Respondents had sufficiently shown that they have acted in accordance with their respective functions,” said graft investigation and prosecution officer Llorene Grace Razo-Ompod.
Ompod denied the motion for reconsideration filed by Selpha Trinidad, a trader of agricultural products for six years, who filed the complaints against the respondents before the anti-graft office.
“The standard of substantial evidence is satisfied when there is reasonable ground to believe that respondents are responsible for acts complained of. Complaint, in this case, failed to discharge such burden,” the investigator said.
In her complaint, Trinidad alleged that the shipment of 900 metric tons of Canadian wheat and 1,000 metric tons of US soybeans arrived at the port of Cebu from Batangas onboard MV Premship IX on Feb. 5, 2005.
About 600 metric tons of wheat was supposed to be distributed in Cebu and the rest in Davao.
Trinidad said she bought the wheat locally, from Quality Grains and Feeds Corp.
On the other hand, she said she purchased the US soybeans Winstrade Enterprises. The two companies are located in Manila.
When the wheat meant for Cebu was being unloaded, Trinidad said, agents of the Criminal Intelligence and Investigation Service (CIIS) ordered the Premship’s crew to stop operations pending the presentation of import documents.
The complainant told the CIIS agents that she wasn’t entitled to present import documents since the good had been purchased locally.
The CIIS permitted the unloading of the cargo.
But two days later, Tan ordered to stop the unloading because Trinidad failed to present import documents.
Bibit allegedly issued a hold order on the shipment on the same day. The complainant went to Batangas to secure the needed documents.
When she came back to Cebu, she presented the necessary documents to Bibit and other Customs officials.
However, Tan allegedly challenged the regularity of the entry and asked her why the importer paid only three percent and not seven percent tariff and alleged disparity in the classification of the wheat.
Trinidad said Tan asked her to pay the four-percent difference for the release of the shipment. She disagreed.
A hold order was issued following reports that the shipment was smuggled. /Reporter Ador Vincent S. Mayol