FILING an appeal on his graft conviction in 2023 proved to be a bad move for former Bureau of Customs-Port of Cebu wharfinger Conrado Rivera.
Not only did the Sandiganbayan affirm the guilty verdict from the Cebu City Regional Trial Court, it also imposed an indemnity cost of close to a million pesos on top of the jail term.
In a 25-page decision dated March 6, 2025, the anti-graft court’s Second Division upheld the findings of the Cebu City RTC that the accused unlawfully intervened to facilitate the release of three 40-foot containers from the Port of Cebu on April 27, 2006, enabling them to leave despite the non-payment of port charges totaling P980,722.85.
“The act of accused Rivera in intervening, which facilitated the release of the cargoes, is what is in point in this case. His act clearly demonstrated a conscious doing of a wrong and moral obliquity for some motive, intent, self-interest, ill will or ulterior purposes which partakes the nature of fraud,” the court declared.
Based on the testimony of security guard Nemesio Luardo Jr., he stopped three 40-footer container vans at Gate 4 of the Port of Cebu in the afternoon of April 27, 2006 after noting that the withdrawal receipts presented to him were not signed by the Container Yard checker, which is taken as proof of payment of port charges.
He barred the trucks from leaving and told the drivers that they could not depart unless the documents were duly signed.
Instead of getting the needed signature, however, the driver talked to Rivera, who told Luardo to allow the trucks to go with a promise that he would personally take care of getting the documents signed.
However, former Cebu Ports Authority chief of the Intelligence and Investigations Section Edmund Leopoldo Jr. found that the containers were permitted to leave without paying the required fees.
Testifying in his own defense, Rivera admitted that he was approached by the truck helper to intercede and that he informed Luardo that the shipment being held had already been auctioned hence, the winning bidder can already take them out.
He insisted that the final decision to release the trucks was made by the guard who did so without any threat, intimidation, or inducement from his end.
The court found that the categorical and straightforward testimony of the security guard was more than enough to prove the prosecution’s case.
“Based on records, there is no showing of any ill motive on the part of the witness to pin the blame on the accused. Even if he (Luardo) were the lone witness, his testimony is sufficient to support a conviction,” the Sandiganbayan said.
In affirming the conviction, the court also declared Rivera perpetually disqualified from holding public office and ordered him to pay indemnity in the amount of P980,722.85 to the Cebu Port Authority.
