MANILA, Philippines - Investigators from the Office of the Ombudsman found several officials of the Bureau of Customs and certain private individuals accountable for the importation of melamine-tainted milk.

Charged by the Field Investigation Office are: Customs Operations Officers V Emmanuel F. Reyes and Akmad M. Noo; Customs Operations Officers III Dante F. Crisostomo, Ruben R. de Rama, and Paulita dela Cruz; Assistant Customs Operations Officer Taha H. Cali; and Clerk III Felicissimo M. Javier.

The individuals charged, on the other hand, are: Ederlinda L. Cochanco, Ellen T. Cochanco, Lucio L. Cochanco Jr., Elliz D. Cochangco, and Larry L. Conchangco—all directors of Flyace Corporation; Neil O. Ruzol and Ulysses T. Asuncion, both of IMPEX PRO Logistics Corporation.

The case is now set for preliminary investigation.

In a 6-page complaint, the FIO said the Customs officials “failed to verify the correspondence of the Certificate of Product Registration with the Sales Invoice and Bill of Lading for Jolly Cow (Slender) High Calcium Low Fat Milk prior to its release.”

Flyace, for its part, presented a certification different from the milk brand.

The Bureau of Food and Drugs revealed that the Jolly Cow brand had traces of melamine, which is hazardous to human health.

Melamine is a chemical used in manufacturing plastic products. China recorded several infant deaths after several companies had used the chemical to bolster the protein levels in their milk.

BFAD conducted an inventory on October 8, 2008 and found out that 27,912 packs of the Jolly Cow brand had been distributed to the market.

The FIO said the “accuracy, completeness and authenticity of the import entries for Jolly Cow (Slender) High Calcium Low Fat Milk should have been ascertained by the document processor, examiner, principal customs examiner and principal customs appraiser.” 

For their failure to do so, the officers “caused the entry into the country of Jolly Cow Slender High Calcium Low Fat Milk without requiring the Certificate of Product Registration.”

If found guilty, the respondents will be charged with Unlawful Importation under Sec. 3601 and Commission of Statutory Offenses of a Customs Officer under Sec. 3604 in relation to Sec. 1403 of the Tariff and Customs Code of the Philippines; as well as violation of Sec. 3(e) of Republic Act 3019 (The Anti-Graft and Corrupt Practices Act).

The public respondents are also facing administrative charges for Gross Neglect of Duty, Grave Misconduct, Inefficiency and Incompetence in the performance of official duties and Conduct Prejudicial to the Best Interest of the Service.

The FIO recommended that they be placed under preventive suspension pending the investigation of the case.