Are big-time smugglers untouchable?
This was the question raised by Senator Francis “Kiko” Pangilinan during the Senate Committee on Agriculture, Food, and Agrarian Reform’s public hearing on Tuesday, October 7, when he learned that most of the agricultural smuggling cases have been dismissed because of a lack of sufficient evidence.
”Kung apat lang (na kaso) ang nafa-file sa court sa loob ng halos limang taon eh ‘di untouchable itong mga smuggler,” he told officials of the Department of Justice (DOJ) and the Bureau of Customs (BOC).
“At kalahati ng kaso na-dismiss dahil kulang yung dokumento galing sa BOC. Kung kulang ang dokumento galing sa BOC, anong agenda ng BOC?,” the senator and Chairperson of the Committee on Agriculture asked.
Citing a report from the DOJ, Pangilinan said that of the 132 cases of smuggled agricultural products from 2021 to 2025, more than half—74 cases, representing 56% of all cases received by the DOJ—have been dismissed, 36 were filed with dismissal, 12 were archived or returned to the BOC, and 4 are for filing.
“Maliwanag sa record na ito, meron talagang untouchable. Milyong-milyong piso halaga ang nakukumpiska taon-taon pero ni minsan walang nasasampahan ng non-bailable offense,” he said, referring to the Republic Act No. 12022, or the Anti-Agricultural Economic Sabotage Act, which states that smuggling agricultural products worth P10 million and above is a non-bailable offense.
“Kaya bakit tayo nagtataka na laganap pa rin ang smuggling? Wag na tayo mag-taka,” the senator lamented.
The DOJ argued that more than half of the cases have either been dismissed, archived, or returned to the BOC because of the lack of sufficient evidence from the BOC.
“When you say return, walang sapat na supporting documents or kung may documents hindi original? So, parang gusto nila ma-dismiss yung kaso,” he answered. “Any lawyer would know (that) you cannot submit Xerox copies of documents and hope to present it in court.”
The Senator stressed that the government’s campaign against agricultural smuggling depends not only on law enforcement efforts but also on the strength of the cases filed. He then directed the BOC and the DOJ to submit to the Committee the names of lawyers and personnel involved in the development of these cases. He emphasized that accountability starts with those who are responsible for handling crucial evidence.
“Pag wala kayong documentary evidence, wala kayong conviction, dismiss ang kaso,” he explained.
In his opening statement, Pangilinan vowed to go after big-time smugglers and the government officials behind their operations.
“Sila ang nararapat at dapat habulin—hindi itong maliliit na kinakasangkapan lamang. Walang hustisya dun. Ang mga pinuno ng sindikato, lalo na ang mga nasa gobyerno, sila ang dapat managot,” he said.
According to the senator, he specifically asked for documents from different government agencies as these transactions are the trail that will link the “dummy” brokers and consignees to the real players behind the multi-million peso agricultural smuggling operations in the country.
He also emphasized the need for justice to be swift and for the perpetrators to be held accountable at the soonest time.
“At tandaan natin — hindi sa bigat ng parusa nasusukat ang hustisya, kundi sa bilis at katiyakan ng pagpataw nito,” Pangilinan said. “Sapagkat ang parusang mabagal ay para na ring walang parusa.”
“Ang batas, gaano man katindi, ay magiging walang saysay kung hindi ito agad ipinapatupad,” he added.