The Manila Regional Trial Court (RTC) has convicted Bureau of Customs (BoC) “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 RTC Branch 21 found Taguba; Eirene Tatad, a consignee of the shipment; warehouseman Fidel Dee; and businessman Dong Yi Shen guilty of importation, receipt and facilitation and misdeclaration under the Customs Modernization and Tariff Act.
The court meted them reclusion perpetua or up to 40 years of imprisonment and ordered to pay a fine of P50 million for each count, a total of P150 million.
The shipment of container MCLU6001881 arrived in the country in May 2017 and was declared as packages of cutting board, footwear, kitchenware and molds.
A tip received from its Chinese counterpart, the BoC and the National Bureau of Investigation (NBI) seized 602.2 kilograms of shabu from a warehouse in Valenzuela City on 26 May.
The court in its ruling 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 an appraised value of P6.4 billion was accomplished with the indispensable participation of accused Dong, Taguba, Tatad and Dee,” it said.
The court said Dong had engaged Taguba in the scheme and paid him P190,000 and also handed him the list of goods to be declared to the BoC.
Taguba said has links to Dong and Tatad, saying the former received a Bill of Lading from Dong and other shipping documents to be submitted to the BoC through Taguba’s broker.
The court said Taguba was also the one who delivered the container to the warehouse and disclosed 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.
Meanwhile, the court 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.
It also found that Dee is not a mere warehouseman but is the “ultimate consignee” of the shipment containing the shabu.
The court said that Dee’s name and phone number were indicated in the packing list from China.
Also, the court said the prosecution having established the guilt of the accused beyond reasonable doubt, it has no other recourse except to hold them criminally liable.