G.R. No. 180597 - Boac vs. People

The petitioners – P/Sr. Supt. Raul Basilio Donida Boac, P/Insp. Ramon Betuin Golong, SPO2 Cesar Fantone Beltran, SPO2 Roger Alcantara Basadre, and SPO1 Benjamin Castaneda Alfonso – are members of the Philippine National Police – Criminal Investigation and Detection Group (PNP-CIDG) holding various ranks.
They were charged with allegedly violating Section 2203 of the Tariff and Customs Code in connection with Section 3612, which addresses general violations and penalties under the law.

On or before July 27, 2004, in Cagayan de Oro City, and within the jurisdiction of the court, the petitioners were accused of using their official positions to flag down three container vans consigned to Japan Trak surplus (Kakiage Surplus).
It was alleged that they acted without proper written authority from the Bureau of Customs – specifically, without authorization from the Commissioner or the District Collector – thereby committing an offense related to grave abuse of authority and lack of coordination with customs officials.

The prosecution and defense stipulated that on the evening of July 27, 2004, upon an order purportedly given by Boac, petitioners Golong, Beltran, Basadre, and the absconding Alfonso flagged down the container vans without coordination with the Bureau of Customs (BOC).
The vans were subsequently brought to the consignee’s warehouse and, on July 28, 2004, a search was conducted by Customs Police rather than by the petitioners.

Atty. Lourdes V. Mangaoang, then Customs District Collector, testified that the PNP-CIDG operatives did not possess any written authority from either the Commissioner of Customs or the District Collector.
Customs Broker Dario C. Amolata, along with corroboration by Customs Police personnel Melvin Yamit and Richard Godoy, confirmed that no seizure was made during the inspection and that the actual search at the consignee’s warehouse was performed under BOC supervision.
Testimonies from the accused (Boac, Golong, and Beltran) indicated that they merely observed the proceedings and did not engage in opening or seizing contents of the container vans.

According to the defense, Boac maintained he was on leave at the time and, upon receiving information via Beltran regarding supposed contraband being released by the BOC, he instructed his team to flag down the vans.
However, it was established that in the absence of BOC personnel during the initial flagging down on July 27, 2004, no search or seizure was actually executed by the petitioners.

The Sandiganbayan ruled on August 16, 2007, convicting the petitioners for violation of Section 2203, with penalties including one year imprisonment, a fine of 1,000 pesos, and disqualification from holding public office for ten years.
A motion for reconsideration filed by the petitioners was denied on November 14, 2007, leading to the present appeal by certiorari under Rule 45.

Whether the conduct of merely flagging down container vans – as opposed to actively conducting a search, seizure, or arrest – falls within the ambit of “violations” under Section 2203 of the Tariff and Customs Code.
Whether the petitioners can be held criminally liable despite the evidence indicating that they did not physically engage in the search or seizure activities.

Whether the requirement of having a written authority (from the Commissioner of Customs or District Collector) to perform searches, seizures, or arrests applies to the PNP-CIDG in the context of their official duties, especially when coordinated with the Customs Police.
Whether the powers conferred under Republic Act No. 6975 to the regular members of the PNP, including the CIDG, are sufficient to authorize such actions without prior written coordination with the BOC.

Whether the prosecution met its burden of proving the guilt of the petitioners beyond reasonable doubt, given that the evidence, including the testimonies of customs broker and Customs Police, indicated that the petitioners merely observed the actual search.