Says non-filing of cases may be part of ‘areglo’
Sen. Francis “Chiz” Escudero yesterday pressed government to file charges against rice smugglers and hoarders as he raised the possibility that a deal might have been reached with the suspected lawbreakers in exchange for the non-filing of criminal complaints.
Escudero, in an interview with dzBB radio, made the remarks as he casted doubt into the legality of the distribution of smuggled imported rice that were seized by the Bureau of Customs (BOC) after it raided numerous warehouses and storage facilities in the country.
He said giving away confiscated rice to poor families is not a simple decision since there are processes to be followed under the law before such action can be taken.
“Kaugnay naman sa sinabi na pinamimigay… alam mo, madaling sabihin na parang sa pelikula, ‘o nahuli, illegal, ipamigay sa mahirap,’ parang Robin Hood ba. Pero may proseso ‘yan, hindi naman pupwede na gaya ng sabi ko na may krimen pero wala ‘yung criminal. Kung illegal na mag hoard ng bigas eh di dapat may katuwang ka na hoarding (In relation to the distribution of confiscated rice, it is easy to say like what we see in the movies, that ‘We should just give away the confiscated rice to the poor’ just like doing a Robin Hood. But there is a process that should be followed. It cannot be that there is a crime but there is no criminal. If it is illegal to hoard rice, then someone should be held liable),” he said.
Escudero also said: “May proseso ‘yan unless, sabi ko nga, nakipag-areglo kaya hanggang ngayon wala tayong naririnig na pangalan. Kumbaga ‘sige na kunin niyo na ang bigas, hindi na ako papalag, ipamigay niyo na sa mahirap, wala lang kaso (There is a process, unless there was an agreement that’s why we have not heard the name of a single hoarder or smuggler of rice. It’s like this, ‘okay you can get the rice, I will not resist, distribute them to the poor, as long as no charges will be filed against me.’)
The Department of Social Welfare and Development (DSWD) last week started the distribution of seized sacks of imported rice to beneficiaries of the government’s 4Ps program in Mindanao.
President Marcos Jr., who led the distribution of the seized rice in Zamboanga provinces, has said that the government adhered to due process in confiscating the smuggled rice as owners of the rice and warehouses were given a 15-day notice to justify their possession of the goods.
The President said the government decided to distribute the confiscated rice since the concerned owners did not give their respective explanations.
‘AREGLO’
Escudero said rice smuggling and hoarding are classified as crimes under the Anti-Agricultural Smuggling Act. They are non-bailable offenses and carry a penalty of life imprisonment.
In raising the issue of a possible deal or arrangement between the government and the smugglers and hoarders, he noted that while the BOC has been raiding warehouses and storage facilities left and right, it has not identified or charged any of the owners with the crime of smuggling or hoarding.
He cited BOC records showing that 159 companies/individuals have been charged before the National Prosecution Service from February 2016 to February this year, but only nine cases have been filed in courts. The rest are still under investigation.
He alleged that the BOC this could be because the bureau only gives the name of the company which imported the rice and then submits weak evidence when it files cases before the Department of Justice.
And since the pieces of evidence are weak and only companies are charged, Escudero said the DOJ will then be compelled to dismiss the charges.
“Dahil kulang sa ebidensiya na sinubmit ng BOC, isang klase ng areglo ‘yan. Hindi ba ikaw ang nagsampa ng kaso tapos biglang mawawala ang ebidensiya? Eh paano nga naman mako-convict ‘yan ng National Prosecution Service natin? (Because the evidence presented by the BOC is weak, that is also a kind of compromise agreement. You filed the charges and then the evidence will go missing? How can our National Prosecution Service convict them?)” he said.
He added a company cannot be charged with a crime since the company itself cannot commit a crime. He said it should be the owners or officers of the company who should be slapped with criminal cases.
“Hindi naman makakagawa ng krimen ang kompanya. Ang gumagawa ng krimen ay tao. Kung may parusa man sa kompanya ay tatanggalan lang ito ng registration sa SEC (Securities and Exchange Commission), pero hindi naman puwedeng mag-hoarding, smuggling ang kompanya. Tao ang gumagawa nun kaya tao ang dapat kasuhan (A company cannot commit a crime. The ones who commit crimes are people and if there is a sanction against a company, it will only be stripped of its registration with the Securities and Exchange Commission. A company cannot hoard or smuggle. People commit crimes and it should be people who must be charged in court),” he pointed out.
Escudero also said that smugglers and hoarders would not have mustered the courage to do illegal activities if they are not working in cahoots with government officials.
“Ang tanong lang ay hanggang gaano katas ang kasabwat nila (sa gobyerno), kung meron man? Dahil klaro na hindi ito at wala ito sa interes ng Pangulo na umuupo pa rin bilang kalihim ng Department of Agriculture (The question is, how high [referring to position in government] are their cohorts in government, if there are any? Because clearly, the President, who is also the secretary of the Department of Agriculture, is not very interested [in pursuing the issue]),” he said.
Escudero said the President should now appoint a permanent and full-time agriculture secretary since as Chief Executive, he cannot attend to the problems of the department as he is pre-occupied with a lot of other issues.
He also the different bureau and division chiefs under the DA do not have direct access to Marcos as they will have to pass the protocols of Malacañang or the Presidential Management Staff when they wish to consult the DA secretary even on trivial matters.
Marcos has said he will continue to head the DA because he wants to solve the department’s problems hands on.
Escudero said there is nothing wrong with the President’s intention, but he cannot perform all the tasks needed as agriculture secretary.
“Maganda ang intention niya. Ang problem, iisa lang ang katawan niya, da-dalawa ang kamay niya at ang 24 na oras niya ay 24 oras nating lahat. Hindi kayang pagsasama-samahin na gampanan pa niya ang trabaho bilang pangulo ng bansa na i-supervise lahat ng departamento. Importante din naman na matutukan ang bawat butil ng problema na kailangan asikasuhin dito sa DA (The President’s intention is good. The problem is, he only has one body, two arms, and his 24 hours is also our 24 hours. He cannot perform his role as president of the country while supervising all the departments. It is important that the smallest problem of the Department of Agriculture be attended to and solved),” he said.
He said the President does not have to appoint an expert from the agriculture sector to be the DA secretary as long as that person is a good manager and administrator who is willing to listen to the people and has good leadership qualities.
RICE SUBSIDY
The DSWD yesterday said it has already distributed P92.415 million worth of financial grant to 6,161 micro and small rice retailers affected by the implementation of the price cap on rice.
In its report to Malacañang, the DSWD said the target beneficiary of the P15,000 grant under its Sustainable Livelihood Program (SLP) is 8,390 micro and small rice retailers nationwide.
The department said it will start distributing the financial grant to sari-sari stores affected by the rice price ceiling from September 25 to 29.
President Marcos Jr. has directed the DSWD to provide cash assistance to small rice retailers affected by the implementation of Executive Order 39 that mandated the temporary price ceiling of P41.00 on regular milled rice and P45.00 on well-milled rice.
The President, during his visit to Iriga in Camarines Sur on Saturday, reiterated that he was forced to order a price cap on rice due to the illegal activities of hoarders and smuggler and profiteers.
“Napilitan tayo na mag-price cap dahil naalarma talaga ako. Kung ako lang, ayokong pakialaman ang merkado ngunit hindi naman tama ang takbo ng merkado dahil kinakalikot nga nung mga hoarder at saka ng mga smuggler. Kaya’t naglagay tayo ng price cap (We were forced to put a price cap because I was alarmed. If it was up to me, I do not want to meddle with the market but the market operation was no longer right due to the manipulation of the hoarders and smugglers. That’s why we implemented a price cap),” Marcos said.
Asked about the status of the implementation of the price ceiling on rice, Marcos said that with the start of harvest season, rice prices will soon drop in the market.
He also reassured the public that the country has enough supply of rice at present and the DA has already said that it expects rice harvests to go higher this year.
“Pagpasok ng ani, dahil papasok na, nag-aani na tayo at pagpasok niyan, sa palagay ko makikita na natin na bababa iyung presyo. Baka kung iyung merkado mismo ang bumababa na ang presyo, puwede na nating bawasan iyung mga kontrol na nilagay natin (The harvests will come in, we are already harvesting rice crops and it will soon be available, I think we will see the prices go down then. The market itself might lower the prices, then we can reduce the controls that we have implemented),” said the President.
He reiterated that the supply of rice is not a problem in the Philippines, but there is a gap in the distribution due to the manipulation of hoarders, smugglers, and profiteers.
On Saturday, Marcos and the DSWD distributed 2,000 sacks of rice to poor families in Iriga in Camarines sur.
Prior to this, they distributed of 1,500 rice sacks to Pantawid Pamilyang Pilipino (4Ps) beneficiaries in Zamboanga Sibugay and Zamboanga City last week and 1,200 sacks to poor families General Trias in Cavite last Friday.
“Patuloy tayong kikilos upang matiyak na ang mga tulong ng pamahalaan ay mabilis na matatanggap ng bawat pamilyang Pilipino (We will continue to act to ensure that the services of the government are immediately received by each Filipino family),” the President said in a Facebook post late Saturday following his visit to Iriga.
BAGONG PILIPINAS SERBISYO FAIR
On Saturday, the President, in his visit to Nabua in Camarines Sur, launched the “Bagong Pilipinas Serbisyo Fair (BPSF)” service caravan which the government plans to bring to all 82 provinces in the country.
It was simultaneously launched in Laoag, Ilocos Norte led by Presidential son and Ilocos Norte Rep. Ferdinand Alexander “Sandro” Araneta Marcos III; in Tolosa, Leyte led by Speaker Martin Romualdez; and Poblacion Monkayo, Davao de Oro led by Special Assistant to the President Anton Lagdameo.
The BPSF is the country’s biggest service caravan which aims to provide major government services to less fortunate Filipinos in various communities across the country. It features the government’s flagship programs such as Kadiwa ng Pangulo, Passport on Wheels, Driver’s License registration/assistance, among others. The caravan will run for two days.
The BPSF offers social services from the Department of Health (DOH), Department of Social Welfare and Development (DSWD), Department of Agriculture (DA), Department of Human Settlement and Urban Development (DHSUD), Department of Public Works and Highways (DPWH), Department of Interior and Local Government (DILG), Department of Environment and Natural Resources (DENR), Food and Drug Administration (FDA), Bureau of Fisheries and Aquatic Resources (BFAR), National Food Authority (NFA), Office of Civil Defense (OCD) and the Philippine Coconut Authority (PCA).
Under livelihood and educational services, the following agencies offered services: Department of Agrarian Reform (DAR), Commission on Higher Education (CHED), Department of Science and Technology (DOST), Department of Labor and Employment (DOLE), Technical Skills and Development Authority (TESDA), DENR, OCD, and FDA.
Under regulatory functions, the BPSF extended services from the following government agencies: Department of Foreign Affairs, Philippine National Police (PNP), Land Transportation Office (LTO), Land Transportation Franchising and Regulatory Bureau (LTFRB), Professional Regulations Commission (PRC), National Bureau of Investigation (NBI) and the Philippine Statistics Authority (PSA).
Other government services include those from the Department of Information and Communication Technology (DICT), Government Service Insurance System (GSIS), Social Security System, PhilHealth, Pag-IBIG, PCSO, Public Attorney’s Office (PAO), and the Integrated Bar of the Philippines (IBP).
Among major social services offered by the BPSF include: enrollment in TUPAD or GIP, Legal counseling, distribution of farm inputs and machinery, Tulong Dunong Program, TESDA scholarships and program enrollment, financial assistance programs, Kadiwa Stores, SB Corp. services for MSMEs, educational assistance, LTO driver’s license renewal, DFA passport application, NBI clearance application, police clearance application, LTOPF renewal/application, PSA birth certificate application, Pag-Ibig membership and housing loan, SSS membership application, GSIS UMID application, Postal ID application, National ID application, PhilHealth consultation, Public service training, PRC renewal, PAO free legal services and PhilHealth registration.
As of yesterday, 103,647 people have participated in Nabua, Camarines Sur; 87,158 participants in Laoag, Ilocos Norte; 57,345 in Tolosa, Leyte; and, 74,539 in Monkayo, Davao de Oro. — With Jocelyn Montemayor
