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Thursday, January 22, 2004
Bibit tells NBI: It's not your job
By Elias O. Baquero, Garry Cabotaje and Karlon N. Rama
CEBU -- A turf war is brewing between the Bureau of Customs and the National Bureau of Investigation (NBI) 7 over the 25 luxury vehicles imported from Japan.
Customs Director Billy Bibit issued on Wednesday a warrant of seizure and detention for the 25 sports utility vehicles (SUVs) the NBI seized from a private warehouse in Mandaue City last Friday.
He issued the warrant on the heels of a request of NBI 7 Director Reynaldo Esmeralda for copies of the import entry, certificate of payment of duties and taxes and other documents.
Meanwhile, Sulpicio Jao filed a civil case for replevin and damages before the Regional Trial Court to demand the return of his fleet of vehicles and over P1 million in damages.
As of Wednesday, the customs bureau still has no idea whether the vehicles passed through the Cebu International Port (CIP) because they have no relevant records, said Customs Legal Officer James Edward Dy Buco.
Also on Wednesday, an NBI official said Bibit should not divert the issue on the seizure of right-hand-drive (RHD) vehicles.
NBI 7 Executive Officer Nelson Bartolome said Bibit should not blame NBI 7 for seizing the contraband, saying, "It's his job in the first place. It took us to do the job for him."
This was Bartolome's response to Bibit's reaction that the NBI 7 may have been used by some importers to malign his reputation.
Claimant sues
Also, Bartolome said the NBI 7 never officially mentioned the name of Bibit's son or linked him to the release of the 25 imported vehicles.
"He felt alluded to. Maybe he knows something that we don't know," Bartolome added.
The NBI 7 has prepared a letter requesting Bibit and Oriental Port and Allied Services general manager Tomas Riveral for copies of shipping and import documents.
Bartolome quoted Jao as saying that the shipment arrived at the CIP from Japan last November, and the SUVs were released last month after customs duties and taxes were paid.
Jao mentioned the name of Edwin Reyes as the one who brokered the shipment, he said.
But Jao, in his complaint filed by lawyer Leo Caņares, slammed the NBI because the agency lacked the proper authority as well as cause to impound his vehicles worth over P12 million.
Not imported
In confiscating the vehicles from his warehouse on A.S. Fortuna St., Mandaue City, the NBI 7 cited Republic Act 8506. But Jao said the law only deals with "importing, registering and operating" right-hand-drive vehicles.
"The vehicles were not imported by the plaintiffs. The place raided is not a port of entry. Neither were the vehicles registered or operated in any public or private highway," Jao said.
Worse, he said, the NBI 7 didn't issue individual receipts for each of the vehicles taken by virtue of the warrant that, while supposedly issued by the Regional Trial Court per the heading, was signed by a Municipal Trial Court in Cities judge.
The warrant also lacked the technical description of the vehicles seized.
The NBI 7 also filed on Wednesday 24 counts of violation of RA 8506 against Jao and his wife before the Mandaue City Prosecutor's Office.
The other vehicle seized was a Mitsubishi Pajero that appeared to have been converted into a left-hand-drive vehicle, but no papers were presented for it.
Jurisdiction
The search warrant was issued by Judge Rogelio Lucmayon of the Municipal Trial Court in Cities Branch 1 in Mandaue City.
Bibit now wants to have jurisdiction over the eight Mitsubishi Pajero, five Nissan Terrano, three Toyota Prado, three Toyota Surf, two Isuzu Bighorn, two Nissan Mistral, one Mitsubishi Space Gear and one Nissan Regulus.
In issuing the warrant of seizure, he told Capt. Isidro Estrera, chief of the Enforcement and Security Services, to strictly observe Customs Memorandum Order 8-84 on submitting an inventory of articles seized.
Bibit said the vehicles were imported without going through a customs house, thus violating the law.
Any person found importing RHD vehicles will face the penalty of up to six years in prison and a fine of P50,000.
(January 22, 2004 issue)
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