Ombudsman decision on corruption: Collector’s ouster not implemented

By Anthony S. Allada
and EJ Dominic C. Fernandez
AS of Thursday, January 3, the deputy Ombudsman for Mindanao’s decision dismissing from the service a former acting district collector of customs in the port of Davao and an assistant wharfinger and penalizing two others is not yet implemented as there is still no order for implementation coming from the commissioner of the Bureau of Customs.
This was learned from acting district collector lawyer Martiniano B. Bangcoy, currently acting district collector of customs in the port of Davao.
Bangcoy was referring to the November 29 decision of the office of the deputy Ombudsman for Mindanao on an administrative case ordering the dismissal of lawyer Anju Nereo Concepcion Castigador as acting district collector, and of Alicodsaman Palaco Dimasicil as customs guard II and acting assistant wharfinger , and slapping a six-month suspension of Lerrie Leyson Natividad and Moctar Somalug Amir as acting customs examiner after being found guilty of illegal acts.
The four were charged administratively by businessman Rodolfo C. Reta for “grave misconduct, serious dishonesty and violation of Republic Act No. 6713, otherwise known as The Code of Conduct and Ethical Standards for Public Officials and Employees.”
Bangcoy said, “I can only implement this order, once I am directed by the Customs Commissioner to implement it, as of now, I have not received direction from the commissioner to implement the order of dismissal yet.” He was referring to Commissioner Rozzano Rufino “Ruffy” Biazon.
“Suspensions are executed immediately, but they did not receive a copy of the ombudsman’s decision yet,” he said, wondering why the media got a copy of the decision ahead of them (the bureau personnel involved in the case.)
As Castigador’s colleague and fellow member of the association of customs collectors, Bangcoy also suggested, “the media should research more and dig deeper to have a wider and clearer view of the issue.”
The 24-page Ombudsman decision penned by graft investigator and prosecutor officer Marilou B. Unabia who signed on November 29, 2012; reviewed and signed December 6, 2012 by Director IV Maria Iluminada S. Lapid-Viva and assistant Obudsman Rodolfo M. Elman; and approved by Deputy Ombudsman for Mindanao on Decemeber 14, 2012 .
While it dismissed port collector Castigador and acting assistant wharfinger Dimasicil for grave misconduct , the decision suspended acting customs examiners Natividad and Amir for six months for committing conduct prejudicial to the best interest of the service.
The decision stated that “these penalties are pursuant to Rule 10 of the Revised Rules on Administrative Cases in the Civil Service,” also, in accord with Memorandum Circular No. o1, Series of 2006 of the Honorable Ombudsman, the Ombudsman directed the Commissioner of Customs to immediately implement this decision. “
The verdict came stemmed from the administrative complaint filed by Reta, owner of the Acquarius Container Yard (ACY), against Castigador, Dimasicil, Natividad and Amir on issues of violation of R.A. 6713, transferring the examination area of Rapzel General Mechandise from ACY to the Philippine Ports Authority, and for failure of Castigador and company to file criminal charges against Rapzel for the aborted smuggling of rice imported from Thailand misdeclared as construction materials.
The controversy started on February 20, 2010 when 40 containers, said to contain 320 bags of construction materials each, arrived to the port of Davao City from Thailand on the vessel Mathias Claudi with Rapzel company and broker, Michael Corong, as the consignee of the import entree documents.
The decision also found that acting assistant wharfinger Dimasicil already issued gate passes for the cargo on February 24, 2012, two days before the “100 percent examination” recommended by inspector, Nilo A. Lim, which was to be conducted in the designated examination area (DEA) of Reta’s ACY on February 26, 2012 yet.
At the time, Reta asked for the assistance of his lawyer, Manuel P. Quibod, to make a report to the then district collector of the port of Davao, Castigador, about these irregularities.
Instead of investigating the irregularities, Castigador informed Reta, by personally handing a letter to Quibod, charging that Reta refused to provide lift-on/lift-off service for the examination and release of the containers. Castigador alleged that this indicated that ACY has ceased to operate as a DEA and that the examination of the shipments must be conducted at the Philippine Ports Authority (PPA) area instead.
This despite a previous certification by the PPA that the port area can no longer accommodate an examination machine in the port area as it was already congested.
Then on February 28, 2012, Castigador, the Custom Police and other personnel forcibly removed and took possession of the 40 container cans which contains smuggled rice and was brought to the PPA area at Sasa Warf.
The Ombudsman decision said that “the act of Dimasicil in signing on the four gate passes amounts to grave misconduct, defined as transgression of some established behavior or grows negligence of the public officer.”
The Ombudsman, verdict also said “ records would show that respondents, with the use of force, effected the release of the shipment from the ACY premises to the PPA area.”
“Respondent Castigador, in allowing this irregular practice of preparing gate passes prior to inspection of the shipment allegedly to facilitate the process within the ACY DEA in effect agrees with such irregular practice,” the Ombudsman said, adding that “the control mechanism at the Port of Davao then leaves much to be desired.”
The Ombudsman decision said “the letter of Castigador transferring the designated examination area from the ACY to the PPA is done without lawful authority,” describing Castigador’s act as a breach of the contract, referring to a memorandum of agreement (MOA) dated January 2009 between BOC and Reta on using ACY as a Container Yard Outside Customs Zone as a DEA for 25 years.
The Ombudsman also stated, “respondent Castigador’s failure to file a criminal case for violation of the Tariff and Customs Code against RAPZEL is tantamount to giving unwarranted benefits to RAPZEL.”
The Ombudsman decision described Castigador’s failure to file a criminal case against Rapzel as a “grave misconduct as the act complained of is inspired by an intention to violate the law, or constitute a flagrant disregard of well-known legal rules.”
“It is a transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character and implies wrongful intent and not a mere error in judgment,” the decision continued.
It may be recalled that Castigador, while still assigned to Davao, was ordered arrested fpr defying the Court order for a temporary restraining order which is effect directed the resumption of operation of the DEA inside Reta’s container yard. Castigador went into hiding for days instead of surrendering.
He was later reassigned to the Port of Cagayan de Oro City where served as acting collector.
Meanwhile, acting port district collect Bangcoy declared that despite the recent though still unimplemented conviction of Castigador and company by the Ombudsman, local customs personnel are still in high morale and continue to render their duties and responsibilities in the bureau.
“We are not bothered about it,” he said, adding that as far as we are concerned we are doing our best to satisfy our clients within the bounds of law.”
However, a group of local customs employees who declined to be identified said the decision of the deputy Ombudsman indicated there is hope that the Aquino administration, with its “daang matuwid (straight path)” governance will soon achieve its goal of ridding the government of grafters.
An employee said “honest customs personnel, and there are plenty of them here, are inspired by the Ombudsman’s decision because through it, we can see a ray of hope that the P-Noy government can eventually get rid of the bad eggs in our organization that are soiling the image of the good ones.”