DOJ indicts importer of stinking shipment from Canada

The DOJ, in a resolution signed by Prosecution Attorney Christine Fatima Estepa, found that the inportation was made without acquiring a prior clearance from the Department of Environment and Natural Resources at least 30 days before the actual importation.

 

The DOJ said the shipment "falls squarely within the prihibited prhibitions" under RA 6969 and DENR Administrative Order No. 2 Series of 1994.

 

"It could be gleaned from the memorandum submitted by the complainants together with the photographs attached to it that the actual contents of the shipment of Chronic are used/mixed/unsorted/heterogenous plastic materials (household garbage, including used adult diapers), contrary to the description and nature of the articles declared in the shipping documents... which are 'plastic scraps,'" said the DOJ.

 

The three were also held liable for violation of Sections 3601 and 3602 (vatious fraudulent practices against customs revenue) in relation to Section 1301 (persons authorized to make import entry) and 1304 (declaration of the import entry) of the Tariff and Customs Code of the Philippines.

 

They were also ordered charged with falsification for violation of Article 172 in relation to Article 171 of the Rebed Penal Code.

Under the law, a penalty of imprisonment of 12 years and one day to 20 years awaits an individual proven to have "caused, aided or facilitated, directly or indirectly, in the storage, importation or bringing into Philippine territory, including its maritime economic zones, even in transit, either by means of land, air or sea transportation or otherwise keeping in storage any amount of hazardous and nuclear wastes in any part of the Philippines."

 

A government official or employee found to have also violated the law will also be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position, in addition to imprisonment.

 

In the case of corporations or other associations, an exemplary damage of at least P500,000 shall also be imposed.