Firm files graft case vs Surigao Customs exec

A mining company has filed criminal and administrative charges at the Office of the Ombudsman against an official of the Bureau of Customs (BOC) in Surigao province for her alleged arbitrariness in refusing to release its shipment.

In three separate complaints, Century Summit Carrier Inc. accused acting Collector Lilibeth Mangsal of the Port of Surigao of violating Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, for asking it to engage the services of her nephew as cargo broker.

It said Mangsal should also be held liable for violation of RA 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees, for the “unjustified delay in the processing of the … shipment, her refusal to reply, as well as her neglect in the performance of specific duties mandated by law.”

“She has failed to fulfill her, as well as the BOC’s mandate, to collect revenue and facilitate trade to the great prejudice of the complainant, the public in general and the Philippine government,” read a portion of the May 15 complaint filed by Stephen Cascolan, the mining firm’s counsel.

Cascolan also asked the Ombudsman to immediately order Mangsal’s preventive suspension to “prevent tampering of original records which are material to the prosecution of this case, as well as to prevent her from influencing subordinates who could shed light on this documented irregularity.”

The shipment aboard the MV Century Summit 3 arrived in the country from China on Aug. 13, 2014. Mangsal had earlier “advised” the company to dock the vessel in Surigao instead of the Port of Cebu, Cascolan said.

“She also advised us to engage the services of her nephew as broker. Considering that the company’s affiliate has operations within her jurisdiction, we felt compelled to heed her advice,” he said.

When Mangsal’s nephew failed to process the entry of the shipment two weeks later, the lawyer said the firm opted to hire another broker, Edgar Paling Jr.

However, Cascolan said the Customs official refused to reply to the four letters they sent to her asking for the immediate processing and release of the cargo, which was still anchored off Surigao port.