The Sandiganbayan has affirmed the conviction of a former wharfinger for the Bureau of Customs (BoC) Port of Cebu, who was found guilty of 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).
However, the anti-graft court ruled that the evidence on record proved his guilt beyond reasonable doubt.
“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 stated.
Rivera was accused of giving unwarranted benefits to the consignee, Best Buy Warehouse, by allowing the release of three container trucks carrying foreign cargo from the Cebu International Port (CIP) despite knowing that the required port charges had not been paid.
The Ombudsman stated that the illegal release of the trucks resulted in an undue loss to the government amounting to P980,722.85, facilitated by Rivera’s direct intervention.
Investigators found that the container trucks were withdrawn from the CIP premises on 27 April 2006, as indicated by receipts that lacked the required signature of the courtyard checker.
The guard on duty at Gate 4 of the CIP testified that Rivera personally intervened and persuaded him to release the three container trucks despite the missing authorization signature. Rivera allegedly assured the guard that he would speak with the courtyard checker supervisor to resolve the issue.
Rivera denied the allegations, but the Sandiganbayan upheld the prosecution’s findings.
“It was through his intervention that the three container vans were released. His assurance to the guard at the gate affirms his dishonest purpose and conscious doing of a wrong in allowing the unauthorized release without the validly issued and signed withdrawal receipts and without payment of the port charges,” the verdict read.
The court also reminded Rivera of the responsibilities of public officials, stating, “Public office is a public trust… Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency.”
Rivera was ordered to pay the Cebu Port Authority P980,722.85, equivalent to the unpaid port charges.
He was also sentenced to up to eight years in prison and permanently disqualified from holding public office.