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The Office of the Ombudsman has found
basis to file a graft case before the Sandiganbayan against Department of the
Environment and Natural Resources (DENR) Undersecretary Juan Miguel Cuna over
the alleged mishandling of the shipment of container vans that contained
garbage from Canada.
In a statement issued
on Friday, the Ombudsman said it found probable cause to charge Cuna with
violation of Section 3(e) of Republic Act (RA) 3019 or the Anti-Graft and
Corrupt Practices Act.
Investigators found
that then-Environmental Management Bureau (EMB) Director Cuna allegedly issued
a Registry Certificate for the Importation of Recyclable Materials Containing
Hazardous Substances dated June 19, 2013 to Chronic Plastics despite lack of
details in the importer’s registry sheet.
Filipino firm Chronic
Plastics was the consignee for the shipment by Canadian-based company Chronic
Inc.
The Ombudsman alleged
in its resolution that Cuna “acted with gross inexcusable negligence when he
issued a Registry Certificate in favor of Chronic Plastics despite the
insufficient details in its Importer Registry Sheet.”
“Without the
necessary information, the EMB cannot sufficiently make a determination that
Chronic Plastics is capable of recycling materials to be imported,” the
Ombudsman said.
Cuna also allegedly
issued six importation clearances to Chronic Plastics despite a notice of
violation dated September 5, 2013 over the supposed importation of heterogenous
and assorted plastic materials in violation of DENR Administrative Order
1994-28.
According to the
Ombudsman’s statement, investigators found that Chronic Inc. exported shipments
of container vans declared as plastic scrap materials supposedly without
securing import entries for the shipment which arrived in July 2013 and August
2013.
“Consequently, the
shipment was declared as abandoned and upon further inspection, it was
discovered that the container vans were filled with garbage,” according to the
statement.
The DENR EMB “also
found that the garbage can no longer be recycled and were thus declared illegal
due to lack of importation clearance and subject to confiscation and seizure
proceedings,” it added.
The Ombudsman’s
ruling is still subject to a motion for reconsideration.
Meanwhile, the
Ombudsman found Cuna administratively liable for simple misconduct and directed
the DENR secretary to implement its order to suspend him without pay for three
months.
Section 3(e) of the
anti-graft law prohibits public officers from causing undue injury to any
party, or giving a private party unwarranted benefits, advantage or preference
in the discharge of their official administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable negligence.
Under RA 3019,
violation of Section 3(e) is punishable with six years and a month up to 15
years in prison and perpetual disqualification from public office.
Souce: The Manila Times
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