Customs-v.-Francisco.doc - RENE M FRANCISCO Petitioner vs...

This preview shows page 1 - 3 out of 5 pages.

RENE M. FRANCISCO, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent G.R. No. 177430 |July 14, 2009 FACTS 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.
Atty. Dandal testified that he knew the 3 as his co-workers in the Bureau but didn't know PO3 Roberto Nodora. He added that he received a call inviting him to witness a 100% Physical Examination at Camp

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture