Court convicts Customs 'fixer' Mark Taguba, 3 others over P6.4-B shabu shipment

A Manila court has convicted Customs "fixer" Mark Taguba and three others in connection with a P6.4-billion shabu shipment from China in 2017.

In an 89-page consolidated decision, the Manila Regional Trial Court Branch 21 found Taguba; Eirene Tatad, a consignee of the shipment; warehouseman Fidel Dee; and businessman Dong Yi Shen guilty for importation, receipt and facilitation, and misdeclaration under the Customs Modernization and Tariff Act.

They were sentenced to reclusion perpetua or up to 40 years of imprisonment and directed to pay a fine of P50 million for each count, totalling to P150 million.

The ruling was promulgated on Thursday.

The shipment of container MCLU6001881 arrived in the country in May 2017 and was declared as packages of cutting board, footwear, kitchenware, and moulds.

Following a tip from its Chinese counterpart, the Bureau of Customs (BOC) and  the National Bureau of Investigation seized  602.2 kilograms of shabu from a warehouse in Valenzuela City on May 26.

In its ruling, the court said that the importation was accomplished with the “indispensable participation” of the accused.

“The importation of the subject shipment container… which was found to contain about 602 kilograms of methamphetamine hydrochloride or shabu with  appraised value of P6.4 billion was accomplished with the indispensable participation of accused Dong, Taguba, Tatad and Dee,” it said.

According to the court, Dong had engaged Taguba in the scheme and paid him P190,000. He also handed him the list of goods to be declared to the BOC. 

The court said that Taguba has links to Dong and Tatad. It said Taguba received a Bill of Lading from Dong and other shipping documents to be submitted to the BOC through Taguba’s broker. 

Taguba was also the one who delivered the container to the warehouse, the court said.

It further said that an agent of the Philippine Drug Enforcement Agency testified that the container is covered by a non-negotiable Bill of Lading.

“Which means that the shipment shall only be delivered to the consignee EMT Trading which did not happen in this case as the said shipment was delivered to Hongfei Philippines,” it said.

The court, meanwhile, said that Tatad’s defense that her signature was forged was not substantiated.

“Accused Tatad as the consignee or declarant for container… should be accountable for any shipment which she had undertaken as an accredited BOC consignee even for free a minimal fee,” the court said.

The court also found that Dee is not a mere warehouseman but is the “ultimate consignee” of the shipment containing the shabu. It said that Dee’s name and phone number was indicated in the packing list from China.

“All told, the prosecution having established the guilt of the accused… beyond reasonable doubt, the Court has no other recourse except to hold them criminally liable,” it said. —KBK, GMA Integrated News