Case vs. trader hangs as seized lumber at NBI office 'vanishes'
The City Prosecution Office (CPO) headed by Chief City Prosecutor Efrain Baldago has yet to resolve the complaint filed by the National Bureau of Investigation (NBI) against a Muslim lumber dealer more than a year ago. Sadly, some of the confiscated lumber, supposedly to be used as evidence in the complaint, could no longer be found.
Baldago was not in his office Friday when reached for comment on the delay on the resolution of the complaint. But an employee assigned at the CPO said Karim's case folder is already with the chief prosecutor for review.
To note, the seizure was effected in December 2004 but the complaint was only filed the following year.
The complaint with IS number 077-05 stemmed from the bureau's operation last December 16, 2004 at Muelle Loney wharf. The government agents led by supervising agent Jeremiah Sargado barged into the ML Tulay Queen and seized the lumber consisting of lawaan, a hard wood, for lack of necessary papers. The lumber shipment totaling 29,153.35 board feet and is estimated to worth P6 million came from Cotabato City.
Surprisingly, on December 20, 2004, former NBI Regional Director Oscar Embido signed a waiver of undertaking with Karim to “place under the temporary custody and safekeeping all of the seized lumber as well as the vessel, ML Tulay Queen, to Karim.” Three days later, the two vehicles carrying the lumber when the raid was made were also released to Karim.
Despite the agreement NBI allegedly withheld the excess 8,840.55 board feet in their compound. But as time pass by the woods slowly disappeared.
A source who hides his identity for security reasons told The News Today the lumber were “stolen by some of the bureau's agents.”
The source said certain agents “used the lumber” to construct their houses. The names of the agents are withheld upon further verification.
Last week, the media tried to get the reaction of NBI Regional Director Mario Sison on the issue but he was not in his office.
In earlier attempts made by RMN dyRI Iloilo reporter Regan Arlos, Sison threw vindictive words to the reporter while another agent badmouthed Arlos. A certain NBI personnel also took pictures of the radio reporter.
At the time the lumber were unloaded, two inspectors from the Community Environment and Natural Resources Office (CENRO) were present. They were identified as Melchor Gallego, CENRO Inspector and Jose Amoto, forest ranger. The duo also assisted the government agents when the confiscated lumber was scaled.
Gallego presented a certificate of timber/lumber origin number 022755 dated September 4, 2004 to the apprehending officers. The permit was signed by Joel I. Morel, of the office of the Department of Environment and Natural Resources (DENR) regional secretary at the ARMM Compound in Cotabato City.
Based on the documents, the shipment was consigned to Meril Lumber Dealer which is owned by Karim's wife Meril. The lumber yard is located in Compania Central, Molo. The same documents showed that the lumber is only 20,317.80 board feet. However, the actual volume of the shipment when scaled by CENRO-Iloilo is 30,693 board feet.
A five percent allowable breakage was computed as provided under DENR Memorandum Circular Number Series of 1994, the actual volume totaled to 29,158.35. There was an excess of 8,840.55 feet based on the certificate to transport lumber.
The shipper's permit to transport is authentic as confirmed by DENR-ARMM Secretary Kabuntalan Emblawa but the shipper exceeded on the number of volume he shipped. The cargo was seized while ML Tulay Queen was also held at the Iloilo port pending the resolution of the case.