Gothong family members face complaints over P13-B cigarette smuggling
The Department of Justice (DOJ) will evaluate criminal complaints filed by the National Bureau of Investigation (NBI) against 13 individuals, including five members of Cebu's Gothong family, over their alleged involvement in the smuggling of P13 billion worth of cigarettes.
The complaints, filed on 9 November, involve alleged violations of Republic Act No. 12022, or the Anti-Agricultural Economic Sabotage Act, following the seizure of 59 shipping containers carrying suspected smuggled cigarettes from China.
Among the respondents are Calvin Boniface Gothong, Clement Bryan Gothong, Liza Gothong, Chad Benedict Gothong and Lili Gothong.
Other named respondents include Karen Joy Betasolo, Rose Marie Trilles, Jomar Demos, James Gabriel Verallo, Henry Lim Co and Ted Lim Chan. Two other individuals have yet to be identified.
The DOJ's National Prosecution Service will assess the complaints and supporting evidence to determine whether a preliminary investigation is warranted and whether criminal charges should eventually be filed in court.
NBI investigators said they gathered witness affidavits, shipping records, tracking documents and corporate information to establish the possible involvement of individuals who arranged, facilitated or handled the shipments.
The investigation involved operations in Manila and Cebu, including the seizure of containers at Gothong Wharf in Mandaue City.
NBI-Cebu District Office official Arnel Pura said investigators identified Verallo as an alleged facilitator who arranged the transportation of the containers to the port on behalf of an unidentified owner.
The bureau also examined registration documents relating to companies named as consignees of the shipments.
Authorities have yet to establish whether the identities Henry Lim Co and Ted Lim Chan correspond to actual individuals or were used in connection with fictitious business arrangements.
Shipping company denies knowledge
Carlos A. Gothong Lines Inc. (CAGLI), which operates as Gothong Shipping, maintained that it had no knowledge of the suspected contraband inside the containers.
The company said it operated as a domestic common carrier under a “Shipper's Load and Count” arrangement, in which customers load and seal containers before handing them over for transportation.
CAGLI argued that the arrangement prevented its personnel from inspecting or independently verifying the contents of the shipments.
It also said it had not received formal notice of the complaints when it issued its statement.
Separately, Gothong Southern Shipping Lines Inc. clarified that it was not the subject of an investigation into the seized cigarette shipments.
Severe penalties possible
Republic Act No. 12022 covers agricultural economic sabotage involving specified commodities, including manufactured tobacco products such as cigarettes.
The law provides severe penalties for offenses established under its provisions, with sanctions depending on the nature of the violation and the offender's participation.
Certain offenses carry life imprisonment and fines equivalent to five times the value of the smuggled products.
Other provisions prescribe imprisonment of 20 to 30 years and fines equivalent to three times the value of the goods for specified transport, storage and private port-related violations.