Ex-BOC chief Lina faces graft over alleged delay in release of shipment

Former Bureau of Customs (BOC) commissioner Alberto Lina and four other former high-ranking officials are facing a graft complaint before the Office of the Ombudsman for allegedly delaying the release of shipment of a certain importer to favor other companies.

Based on a 19-page complaint filed by Lawrence Daniel Sy, president of Mannage Resources Trading Corp. (MRTC), the respondents “conspired” in delaying the release of steel bar shipment for almost two months despite complying with all the importation requirements.

“This case is a clear example of using and mobilizing the apparatus of government, particularly the Bureau of Customs to cause undue injury to citizens and resulting to giving undue advantage to certain parties and sectors,” Sy’s complaint read.

Aside from Lina, named as respondents in the complaint are Erwin Mendoza, then executive director of the BOC’s Run After the Smugglers (RATS) program; Arturo Lachica, then BOC- Revenue Collection Monitoring Group (RCMG) deputy commissioner; Reynaldo Yacat, then BOC-RCMG Ruling and Research Division-Legal Service chief; and Francis Tolibas, then Ruling and Research Division legal officer.

Also named as respondents in the complaint are private individuals Roberto Cola, Jesus Arranza, and William Ranaga who were identified as officials and members of the Philippine Iron and Steel Institute (PISI).

Sy wants the respondents criminally indicted for multiple counts of violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

In his complaint, Sy said his shipment of 4,929.383 metric tons of imported deformed steel bars arrived at Subic Port on board M.V. Well Faith on April April 23, 2016. However, the release of the steel bars was withheld on the ground of an Alert Order from the BOC Intelligence Group.

Sy said the Alert Order was unjustly issued as the MRTC secured on April 18, 2016 a provisional Import Commodities Clearance (ICC) certificate from Department of Trade and Industry-Zambales (DTI-Zambales) headed by provincial director Leonila Baluyut.

“With the provisional ICC, the imported steel bars are allowed to be released from the Bureau of Customs custody and allowed its transfer from the vessel to the MRTC warehouse located at Block H NSD Compound, Subic Bay,” Sy said in his complaint.

Further, Sy argued that on May 19, 2016, the Bureau of Product Standards (BPS) issued to MRTC its final ICC, which included a test result on the quality of the imported product.

Sy said the quality assessment was conducted by the Metals Industry Research and Development Center (MIRDC), the government’s authorized metal testing facility.

He said despite passing the quality screening of BPS and securing the final ICC, the BOC still refused to release the shipment as Lina supposedly did not lift the Alert Order.

“However, MRTC was refused and denied the final assessment…by the Bureau of Customs at the Port of Subic which prevented payment of taxes for the formal entry of the shipment. MRTC was informed that the basis for such refusal is that the alert order still has to be lifted by Commissioner Lina,” the complaint read.

Sy said the public respondents’ refusal to release of the shipment was deliberate to favor other companies who are members of Philippine Iron and Steel Institute (PISI).

He pointed out that the BOC’s alert order stemmed from various letters sent by PISI president Cola to BOC, DTI and BPS alleging that the MRTC’s imported steel products were “substandard” and lacked proper documentation.

“In sum, the action of Com. Lina, in conspiracy with Attys. Mendoza, Lachica, Tolibas, and Yacat and private respondents Cola, Arranza, and Ranaga, gave unwarranted benefits to other companies in the same line of business specifically those under PISI,” Sy said in his complaint.

Sy said the shipment was held at the BOC storage until June 22, 2016. He lamented that because of the delay, the company Topway Builder Inc., to whom the MRTC was supposed to deliver the steel bars, backed out from the P154.582-million deal and decided to obtain the products from another supplier.

Further, Sy said because of the newspaper articles about Cola’s allegations and the BOC’s continued refusal to release the shipment, the MRTC suffered irreparable damage of being tagged as importer of steel products that are substandard and of inferior quality.

Lina: There were safety issues

Meanwhile, in a phone interview with GMA News Online, Lina maintained that the release of the shipment was temporarily withheld as the MRTC has yet to pass several safety requirements at that time.

“There were several safety issues that need to be addressed at that time regarding their product. At that time, three out of 20 safety tests palang ang napapasa nila,” Lina said.

“We temporarily withheld the release of their steel product not to give benefits to other companies but to protect the consumers. Kasi kung substandard nga yang produkto nila and I allowed the release, tapos may nangyaring sakuna, kami din ang mananagot,” he added. —KBK, GMA News