RENE M. FRANCISCO, Petitioner, vs.
PEOPLE OF THE PHILIPPINES, Respondent
G.R. No. 177430 |July 14, 2009
12 September 2000
Rene M. Francisco and eight others were charged before the RTC of Manila with violation of Section
3601 of the Tariff and Customs Code of the Philippines. The case was docketed as Criminal Case No. 00-
186411 and was raffled to Branch 21.
16 October 2000
Orders for the arrest of the accused were issued by the trial court.6 Tolentino, Francisco, Lintag, PO3
Nadora and Ojeda were granted provisional liberty after filing their respective personal bail bonds.
6 December 2000
When arraigned, Tolentino, Francisco, Lintag and PO3 Nadora, assisted by their respective counsels de
parte, pleaded not guilty to the crime charged. Assisted by counsel, Ojeda pleaded not guilty when
arraigned on 28 February 2001. Accused Caamic, Umagat and Gonzales remained at large.
The evidence for the prosecution shows:
18 November 1999
PASTF received an information that a container van bearing the number TTNU9201241 and plate no.
GDW 833 will be released from MICP w/o paying the the correct duties and taxes. At 3:45 pm, the PASTF
spotted the truck leaving the compound and immediately tailed the said vehicle. Upon reaching South
Super Highway L.t. Julius Agdeppa, leader of the team, overtook the truck and ordered the driver to pull
over. When the persons transporting and manning the cargo was questioned, they just point fingers to
each other. When tye documents were examined, the items list in the entry is different from the items
listed in the invoice. Suspecting there is illegal about the cargo, the PASTF ordered the truck to follow
them at Camp Aguinaldo in Quezon City where the said cargo will be subject to examination.
20 November 1999
Upom arrival at Camp Aguinaldo, the van was opened and was witnessed by Atty. Eden Dandal, CIIS
MICP Chief, Rene Francisco, Gen. Calimlim, Head of PASTF Aduana and the media. The van contained
assorted electronic equipments and appliances, as stated in the invoice, which directly contradict the
items listed in the entry. Upon assessment of the Valuation and Classification Division of the BOC, the
goods were assessed with a market value of P20,000,000.00 which is is far different from the P158,
768.57 stated in the Entry.