The Department of Justice is scheduled to finally proceed with the preliminary investigation on the criminal charges against alleged rice smuggling king David Bangayan alias David Tan on Thursday.
In a statement, the DoJ said that the investigating panel headed by Assistant State Prosecutor Eden Valdes will start the preliminary investigation today (Thursday) after the National Bureau of Investigation refiled its complaint against Bangayan and 14 other individuals in September.Ӭ
The respondents are expected to submit their answers to the charges of monopolies and combinations in restraint of trade under Article 186 of the Revised Penal Code; bid fixing, as penalized under Section 65 of Republic Act No. 9184 (Government Procurement Act); using fictitious name or concealing true name, as penalized under Article 178 of the RPC; and violation of Commonwealth Act No. 142, as amended by RA No. 6085.
Bangayan’s co-respondents in the first charge are Judilyne Lim, David Lim, and Leah Echiveria of Cebu-based DGL Commodities; Elizabeth Faustino; and Eleanor Rodriguez. For the second charge, he has four fellow respondents —Judilyne Lim, Faustino, Rodriguez and Echiveria.
The other respondents in other separate charges are Eugene Pioquinto, Mary Joyce Lim, Jason Colocado, Michael Villanueva, Denis Gonzales, Willy Sy, Sandra Lim, Gil Calipayan and Inigo Espiritu.
In its complaint, the NBI accused that respondents allegedly conspired to use rice farmers “for the purpose of acquiring substantial allocations on the PSF-TES importation program (of the National Food Authority) with the end goal of monopolizing the supply of rice.”
“The aforementioned individuals conspired or agreed to organize the farmers cooperatives and organizations as well as other juridical personalities in order to monopolize the supply and distribution of rice thru pre-arranged bidding and other false pretenses thereby preventing free competition in the market,” the bureau said.
“With the acts of subject Bangayan and company, the other capable individuals were denied of their share on the allocation of the rice importation,” it pointed out.
The NBI said the scheme cornered government’s rice import allocations through the National Food Authority (NFA), in 2012 using 25 farmers’ organizations and cooperatives, and single proprietors that did not have the necessary financial and logistical capabilities as “dummies.”
The NBI also alleged that the bidders for NFA rice allocations were financed in exchange for a small percentage per sack as “share.”
The bureau refiled the complaint last August 29, two years after the DOJ returned its original complaint filed in August 2014 for further gathering of evidence.
The NBI investigated Bangayan and company upon the request of the Senate, through its Committee Report No. 763 (Committees on Agriculture and Food, Ways and Means, Trade and Commerce, and Accountability of Public Officers).
