Senate hearing points to DA, DOJ ‘dysfunction’ why smuggling persists

THE ‘dysfunction’ in government arising from the lack of enthusiasm by government officials in pursuing their jobs and the suspected collusion of some of them with smugglers are seen as two major reasons why the country continues to suffer from the evils of smuggling that translates to the country’s farmers losing an average of P2.5 million each day in potential income.

During the last hearing of the Senate Committee of the Whole (COW) presided by Senate President Vicente Sotto III last April 12, 2022, it became clear that the government’s dysfunction is evident in the actions taken by the Department of Agriculture (DA) such as its “pro-importation” policy and way the Department of Justice (DOJ) is prosecuting smuggling cases.

DA Secretary William Dar was also accused of taking into his confidence a “consultant” of vegetables and meat importers who is believed of being behind the department’s policy of always resorting to importation to address alleged supply shortages instead of listening to the recommendations of local farmers’ groups.

On the whole, it was made clear to lawmakers that the Bureau of Customs (BOC) should not take the burden of being blamed whenever the issue of smuggling comes up.

Instead, responsibility should be laid before the DA and its attached agencies such as the Bureau of Plant Industry (BPI), whose director, George Culaste, has been asked by Sen. Francis Pangilinan to resign from his post.

On the part of the DOJ, Sen. Cynthia Villar, principal author of RA 10845, noted that 6 years after the law was passed in 2016, not a single smuggler of agricultural products has been jailed despite its being considered a heinous crime that carries a penalty of reclusion perpetua (no bail).

Fault lies with DA, DOJ

Industry resource persons have repeatedly complained that the DA’s policy to always resort to importation to meet alleged supply shortages actually helped in aggravating the situation of the agriculture sector, but Sec. Dar would hear none of it.

Nicanor Briones of the Agricultural Alliance of the Philippines (AGAP), categorically stated that they have long ago declined attending any meeting called by Secretary Dar, as nothing positive has come out of their previous meetings. “Iba ang kanyang ginagawa sa napag-usapan,” Briones said. “Wala siyang kuwentang kausap.”

“The ‘killer, really is importation,” Sotto said, noting that his fear that opening the country’s agriculture sector to importation would ‘kill’ local farmers has come true.

The situation, he added, is made worse by revelations that officials of the DA are also engaged in importation of agricultural products, as revealed by United Broiler Raisers Association president, Elias Jose Inciong, during the COW hearing last March 28, 2022.

Inciong, in that hearing, directly labeled Dar as “walang kakuwenta-kuwenta” and of being “pro-importation.”

He added that Dar’s choice of subordinates does not also encourage trust among stakeholders.

Inciong cited the case of Dar’s appointment of Fermin Adriano as the undersecretary for policy planning.

Adriano, Inciong claimed, is not only a senior consultant of Dar but also, a consultant of the fishers and aqua resources importers group and the meat importers’ group.

Sotto added that the problem of smuggling can be blamed directly to agencies who have failed to do their job of checking smuggling.

“Kahit paano… this committee is trying to help our farmers,” Sotto said. “The agriculture sector is beaten down, that is one thing for sure. The agencies that are supposed and uplift the sector are failing terribly,” he added.

In the case of the DA, Pangilinan gently reminded Colaste to resign his post over his statement that there is “nothing more he can do” to prevent smuggling.

On the whole, the hearing last April 12, 2022, made it clear to lawmakers that the Bureau of Customs (BOC) should not take the burden of being blamed whenever the issue of smuggling comes up.

Culaste earlier had a hard time explaining, on the questioning of Sen. Panfilo Lacson, why he allowed the release of 2 containers of imported vegetables at the Port of Manila (POM) despite opposition from his own field inspector.

As for the DOJ, it admitted that only 4 cases, out of the 103 smuggling cases compiled by the BOC, actually reached the court for trial.

However, none had prospered, with the court even allowing one smuggling suspect, Marilou Hernandez, to post bail after being indicted in 2018 for the smuggling of 5 containers of onions declared as “apples.”

Atty. Charlie Guhit of the DOJ’S National Prosecution Service averred the court was forced to throw out the case of Hernandez after the original copies of her importation documents were among those that get burned during a fire that hit the Port of Manila (POM) in 2019.

Guhit’s excuse, however, was rejected by the lawmakers who noted that the DOJ’s excuse for losing the case is wholly unacceptable.

“Nasunog lang ang original documents, hindi na ninyo itinuloy ang kaso,” Lacson noted.

He added that a simple certification from the BOC that the original documents were among those that got razed by the fire would have suffice to pursue the case.

Sotto added that compounding the problem was Dar’s refusal to attend the hearing despite official summons by the Senate.

To resolve the issue, Sotto said they are amenable to “adjusting” the Senate’s calendar at a date convenient to the DA secretary for the next hearing.

“Kahit sa bahay niya, ‘dun na lang kami mag-hearing, puwede rin,” the Senate chief said.