JUSTICE Secretary Leila M. de Lima on Monday denied reports that the case against suspected rice smuggler David Bangayan, alias David Tan, is as good as dead.
De Lima clarified that the smuggling case was just returned to the National Bureau of Investigation (NBI) for further gathering of evidence.
“Kailangan lang ng additional documentary evidence. I wouldn’t say na mahina ang ebidensya, kailangan lang ng additional na documents,” de Lima said in a television interview on Monday. She refused to elaborate on the reason the Department of Justice (DOJ) returned the case to the NBI.
“When a case goes through preliminary investigation, we have to make sure it meets the probable cause threshold. When we evaluated it, it’s still not enough,” she added.
De Lima, however, denied reports that the NBI had failed to prove that Bangayan and David Tan were one and the same person.
“Mali ang sinasabi sa reports. We were able to prove that he [Bangayan] is one and the same [Tan], that’s why we filed perjury charges against him, so it’s not back to square one,” she explained.
De Lima said the NBI is even set to refile the case against Bangayan once it completes the additional documentary evidence, though she declined to say what are these additional documents.
“I think the NBI is set to re-file the case. I would follow it up with NBI Director Virgilio Mendez, baka ma-refile within the week ang kaso,” she added.
The DOJ chief said the Bangayan case is one of the priority cases she would discuss with top DOJ officials before she resigned her post on October 12 in preparation for her senatorial run in the 2016 polls.
Bangayan was earlier charged before the DOJ with bid fixing in violation of Republic Act 9184, or the Government Procurement Reform Act, and monopoly and restraint of trade in violation of Article 186 of the Revised Penal Code.
Aside from Bangayan, also subject of the same complaint were former National Food Authority Administrator Lito Banayo; National Food Authority (NFA) Bid and Awards Committee officials the Jose Cordero, Celia Tan, Gilberto Lauengco, Carlito Co and Judy Carol Dansal, and rice traders David and Judilyn Lim, Elizabeth Faustino, Eleanor Rodriguez and Leah Echeveria.
Bangayan was earlier identified as David Tan in court and in the Senate hearings on rice smuggling last year although he denied under oath at the Senate that he was, indeed, David Tan when he appeared during the Senate inquiry.
He was then charged with perjury by the Senate Committee on Agriculture and Food, which used as evidence a libel case filed by Bangayan against Federation of Philippine Industries Chairman Jesus Arranza in 2005, wherein he issued an affidavit referring to himself as Davidson Bangayan, alias David Tan.