The Regional Trial Court (RTC) of Manila convicted Bureau of Customs (BOC) Examiner Dionisito Valles for violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).
In the 02 February 2018 RTC Decision, Judge Virgilio Macaraig sentenced Valles to a penalty of six years and one month to eight years of imprisonment with perpetual disqualification from holding public office.
The court found that on 07 December 2006, Valles failed to conduct the inspection of a container van tagged as “RED” import classification which required a mandatory inspection or spot inspection of the goods. As a result of the non-inspection, the consignee was able to import undeclared used items consisting of six motorcycles, 179 tires, four high beam suspensions, five axles, 12 compressors, 10 starters and one Suzuki chassis.
As defense, Valles claimed that upon receipt of the Import Entry, “he proceeded to the Designated Examination Area (DEA), which is a restricted area, in order to conduct an actual examination of the cargo. While [trying] to locate the subject cargo, he noticed three heavily-built men who suddenly approached him and was told not to open the container van he was about to inspect, otherwise something unfortunate will happen to him.”
In junking Valles’ defense, the court stated that “this claim is unsubstantiated or uncorroborated. Accused had not encountered [any] similar threat before and after 2006. And second, the DEA is a secured government facility. Rather, this Court finds this reason as a mere afterthought and self-serving in order for the accused to absolve himself from the consequence of not doing his duty as customs examiner. As such, he acted with manifest partiality and gross inexcusable negligence.”
Section 3(e) of R.A. No. 3019 prohibits a public officer or employee who, in the discharge of official functions, acts with manifest partiality, evident bad faith, or gross inexcusable negligence causing undue injury to any party, including the government, or giving any private party unwarranted benefits, advantage, or preference. ###