DOJ to release rice smuggling resolution next week
The Department of Justice (DOJ) is expected to release by next week its resolution over the preliminary investigation it conducted on the criminal complaint filed against suspected rice smuggler David Bangayan, alias David Tan.
Justice Secretary Menardo Guevarra revealed this Tuesday, almost a year since the DOJ ended the conduct of its preliminary investigation against Bangayan and his co-respondents.
“For resolution and possible release next week,” Guevarra told reporters.
On Nov. 20, 2017, the complaint against Bangayan was submitted for resolution following the preliminary investigation conducted by Assistant State Prosecutor Susan Villanueva.
The DOJ conducted the preliminary investigation based on the re-filed complaint of the National Bureau of Investigation (NBI).
Under the complaint, Bangayan is accused of using a fictitious name or concealing true name under Article 178 of the Revised Penal Code (RPC) and Commonwealth Act 142; monopo- lies and combinations in restraint of trade under Article 186 of the RPC; and for bid fixing in violation of Republic Act 9184, the Government Procurement Act.
Named as his co-respondents in some of the violations are David Lim, Judilyne Lim, Elizabeth Faustino, Eleanor Rodriguez, Leah Echeveria, Eugene Pioguinto, Mary Joyce Lim, Jason Colacado, Michael Villanueva, Denis Gonzales, Willy Sy, Sandra Lim, Gil Calipayan, and Inigo Espiritu.
In the preliminary investigation report submitted to the DOJ, NBI Director Dante Gierran said the acts of Bangayan, Faustino, Rodiguez, Lim and Echeveria recruited and organized farmers “for the purpose of acquiring substantial allocations on the PSF-TES (Private Sector Financed Importation Tax Expenditure Subsidy) importation program with the end goal of monopolizing the supply of rice constitutes violation of Article 186 of the Revised Penal Code, as amended.”
“With the acts of subjects Bangayan and company, the other capable individuals were denied of their share on the allocation of the rice importation,” he said.
Also citing testimonies of farmers cooperatives (FC) and organizations (FO), Gierran said that “Davidson Bangayan is the same person as David Tan who was also identified as the one who financed the FCs/FOs so that the latter would be able to join the bidding by the NFA (National Food Authority) in its PSF-TES importation program.”
Gierran also recommended that the Bureau of Internal Revenue (BIR) and the Anti-Money Laundering Council (AMLC) audit the FCs, FOs, and sole proprietorships and corporations used by the financiers as dummies in the rice importation.
The NBI chief pointed out the need “to determine the actual tax liabilities, and to examine the bank transactions of the financiers including their identified employees or agents, or persons who acted in their behalf.”