SENATOR Win Gatchalian urged the Department of Justice, the Bureau of Customs, and the Bureau of Internal Revenue to work together and take decisive action in prosecuting perpetrators of illicit tobacco trade, highlighting the alarmingly low conviction rate in cases filed in court.
“We are losing the fight against the illicit trade of tobacco and cigarettes because we are not prosecuting and not convicting enough. Sa prosecution pa lang, talo na tayo and less than 1 % of all seizures result in conviction. That’s not positive news for us. Dahil walang natatakot, tuloy-tuloy ang ligaya,” said Gatchalian, chairperson of the Senate Committee on Ways and Means, at a recently held Senate hearing.
Gatchalian emphasized that the certainty of conviction is a deterrent and thus the need for prosecutors to secure a favorable decision from the courts. “May nahuhuli nga, pero walang nakukulong,” he bewailed.
To increase the rate of conviction, Gatchalian said the DOJ, BOC, and BIR need to adopt capacity-building mechanisms and conduct specialized training for law enforcement personnel to ensure they are equipped with proper knowledge and training in implementing raids and seizures and avoid dismissal of cases due to technicality.
The three agencies should also enhance mechanisms for the preservation and collection of evidence and witness preparation; and strengthen coordination for the proper conduct of planned surveillance, entrapment, and search and seizure operations, he said.
“Itong mga seizures, parang pakitang tao lang. Ultimately, what we want is conviction but that’s not happening,” he added.
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