The Sandiganbayan has affirmed the conviction of a former wharfinger for the Bureau of Customs (BoC) Port of Cebu, accused of committing graft for allegedly allowing the illegal release of three 40-foot container trucks without payment of the corresponding port charges in 2006.

Conrado Rivera petitioned the Sandiganbayan to reverse the ruling of a Cebu City court in August 2023, which found him guilty of violating Section 3, Paragraph (e) of the Anti-Graft and Corrupt Practices Act (RA 3019 Act).

But the anti-graft court ruled that the evidence on record proved his guilt beyond reasonable doubt for the crime charged.

“There is no reason to reverse, and the court thus affirms the factual findings of the RTC, Branch 5, Cebu City,” the decision promulgated on 6 March read.

Rivera was accused of giving unwarranted benefits to the consignee Best Buy Warehouse for the release of the three trucks containing foreign cargo from the premises of the Cebu International Port (CIP), despite knowing that port charges had not been paid.

The Ombudsman said the illegal release of the container trucks caused undue injury to the government in the amount of P980,722.85 through the active intervention of Rivera.

Investigation revealed that the container trucks were withdrawn on 27 April 2006 from the premises of the CIP, as evidenced by the receipts, which were not signed by the courtyard checker.

The guard on duty at Gate 4 of the CIP accused Rivera of intervening and influencing him into releasing the three container trucks despite the absence of the courtyard checker’s signature on the withdrawal receipts.

Rivera, he alleged, convinced him to release the said trucks, assuring him that he would talk to the courtyard checker supervisor regarding the release and the missing signature.