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Wednesday, March 24, 2004
NBI sees block to filing of raps
A LOOPHOLE in the law will make it difficult for authorities to prosecute whoever’s behind the importation of 1,700 kilos of a chemical used to make shabu, a top investigator said yesterday.
Regional Director Rey-naldo Esmeralda of the National Bureau of Investigation (NBI) 7 admitted last night that the law does not state any clear limits on the amount of pseudoephedrine that can be imported.
Coastside Ventures Inc., identified as the shipment’s consignee, has a certification from the Philippine Drug Enforcement Agency (PDEA) to import the substance, Esmeralda said.
“Going by that certification of PDEA alone, how can we prosecute that company?” he said in a mobile phone interview. “Napakabigat na problema ito (This is a huge problem).”
Esmeralda will fly this morning to Manila to attend a meeting called by Rep. Antonio Cuenco with PDEA Chief Anselmo Avenido Jr. and the Dangerous Drugs Board.
Cuenco, chairman of the House committee on dangerous drugs, suspects that the PDEA certification was antedated and wondered how a “fly-by-night” operation like Coastside could have gotten it.
“Granting for the sake of argument that the certification was genuine, it cannot justify a shipment of this volume,” Cuenco said.
He said it was very clear that the certification was issued to cover up the tracks of those behind the shipment.
Not me: Cuesta
The certification, signed by Supt. Primo B. Golingay of PDEA’s compliance service, states that Coastside Ventures is a licensed importer and distributor of pseudoephedrine. It is dated Sept. 16, 2003.
The shipment arrived in Cebu last March 5.
Golingay said he issued the certification based on the letter-request dated Aug. 28, 2003 of Joebert Cuesta, president of Coast-side Ventures. (See page 2)
But Cuesta, in a letter to Sun.Star, said he was not involved in any way with Coastside.
“If my name appears in any of its records, it does so without my knowledge or consent,” he said in an affidavit submitted to the NBI 7.
Cuesta identified himself as an employee of the Office of the Vice Governor since 2001.
Lawyer Edgar Gica, who represents Vice Gov. John Gregory Osmeña, also described the PDEA certification as “unreliable” and pointed out that it contradicts records at the Securities and Exchange Commission, which identified Coastside’s president as Teodora Limcangco, not Joebert Cuesta.
“PDEA should have exercised prudence, knowing that such a certification would show that its drug enforcement officials are trying to implicate no less than the number two highest elected official in the province of Cebu and the latter’s father, who is an incumbent senator,” said Gica in a press statement.
Permit needed
In the meantime, the Bureau of Customs (BOC) will not allow the filing of an import entry for the release of the pseudoephedrine cargo without a clearance from PDEA.
Ebrahim Pangkatan, chief of assessment of the BOC Port of Cebu, said that although their duty is to collect taxes, they have the responsibility to prevent prohibited importations.
Section 101 of the Tariff and Customs Code provides that importation of marijuana, opium, poppies, coca leaves, heroin or any other narcotic or synthetic drugs is prohibited, except when imported by the government or any person duly authorized by the Dangerous Drugs Board, for medicinal purposes only.
Lawyer James Edward Dy Buco, deputy district collector for administration, also said it is unlawful for any person to claim a shipment he does not own.
Last March 8, a certain Faith Amigo sent a letter to District Collector Billy Bibit, denying that Coastside Ventures imported the 1.7 tons of pseudoephedrine.
She also denied that a certain Mike Cummings, who was listed as consignee representing Coastside Ventures, was connected with the company.
Task force
Meanwhile, Immigration Director Geronimo Rosas said there are three Michael Cummings, all Americans, on their records from 2000 to 2003. They have no records of arrival in Cebu for 2004.
Lawyer Salvador Panelo, counsel of former first lady Imelda Marcos, said that Cummings called him from abroad and requested for representation in claiming the pseudoephedrine.
Panelo, however, said he yet to meet Cummings personally.
NBI’s Esmeralda, PDEA 7 Director Gaudencio Pagaling Jr., Senior Supt. Augusto of the Police Regional Office 7 and lawyer Rico Rey Holganza of the Customs Intelligence and Investigation Service met at Casino Español yesterday to discuss how they will proceed with the investigation.
Esmeralda said that for starters, they are asking for an authenticated copy of the PDEA certification and determine how the license for Coastside Ventures was processed.
He said they will also determine the volume the company is supposedly authorized to import. EOB/With AIV
(March 24, 2004 issue)
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