Monday, September 11, 2006
Justice dep't endorses raps v. Filipino, Japanese owners of Solar 1 firm (8:35 p.m.)
MANILA -- The Department of Justice (DOJ) on Monday recommended the indictment of the Filipino and Japanese incorporators and officers of Sunshine Maritime Development Corporation (SMDC), owner of the oil tanker that sunk off Guimaras Island, for possible violation of the anti-dummy law.
In its 10-page initial report, the DOJ special task force chaired by Undersecretary Ernesto Pineda directed the National Bureau of Investigation (NBI) to secure additional evidence, including background checks on the financial capacity of the Filipino shareholders of SMDC preparatory to the filing of a criminal case against the owners, officers and incorporators of the shipping firm.
"Considering that the anti-dummy law encompasses 'any person who knowingly aids or abets in the planning of' any prohibited acts, that ignorance of the law does not suffice as an excuse for compliance therewith, and that even Filipino citizens can be criminally liable, the directors, officers and incorporators of SMDC, both Filipino and Japanese alike, should be indicted for violation of the pertinent provisions of CA 108," the panel said.
"Since SMDC is engaged in shipping as a nationalized industry, violation of the anti-dummy law is quite apparent. To stress, SMDC's Japanese shareholders are barred from intervening in its management, administration or control of the business whether as an officer, employee or laborer, with or without renumeration," it added.
The task force further said the divestment of shares by erring SMDC stockholders, directors and officers will not exculpate them from criminal liability for the commission of the offense. (ECV/REC/Sunnex) |
