Case vs BIR and Customs

The Department of Finance, through its Revenue Integrity Protection Service (RIPS), filed administrative and criminal cases with the Office of the Ombudsman against its own employee as well as employees from the Bureau of Internal Revenue (BIR) and Bureau of Customs (BOC).

DOF employee charged with committing Perjury in PDS declaration is Legislative Liaison Specialist Maria Paz Abadejos Javier of the Department’s Research and Information Office.

The RIPS said Javier appeared to have falsified her PDS as she answered “NO” to the question “Have you ever been formally charged” in Item #37 of her 1998 and 2012 PDS when in fact there are pending criminal cases against her for violation of Batas Pambansa Bilang 22 since 1995, making her possibly liable for falsification and Perjury under Article 171, paragraph 4 and Article 172 of the Revised Penal Code.

The accomplishment of Personal Data Sheet (PDS) is a requirement to be complied with by every government employee under the Civil Service Rules and Regulations.

Moreover, such untruthful declaration constitutes Dishonesty, Grave Misconduct and/or Conduct Prejudicial to the Best Interest of the Service under Section 46 of the Revised Rules on Administrative Cases in the Civil Service.

Javier’s use of such falsified document as a requirement in her prior employment with the DOF as Economist III and later to facilitate her promotion to Legislative Liaison Specialist prejudiced the other applicants who were genuinely qualified for the position.

Likewise, Javier in her Statement of Assets, Liabilities and Networth (SALN) from 1998 to 2011 consistently declared the following real properties; namely, a Residential house in Cavite acquired in 1985; Residential lot in Cavite acquired in 1985; and Townhouse in Parañaque/ Las Piñas acquired in 1990. Unfortunately, inquiries with the respective City Assessor’s office where said properties are located revealed that there are no existing real property holdings and/or tax declarations and/or any property declared for taxation purposes under the name of Javier or any member of her immediate family. Javier’s failure to declare said properties for tax purposes is constitutive of corrupt practice under Section 3(e) of RA 3019 as she caused undue injury and actual damage to the Government in terms of lost revenues.

Lastly, Javier failed to obtain from the DOF the required Indorsements/Travel Authorities for nine (9) of her foreign trips in evident transgression of reasonable office rules and regulation and constitutes conduct prejudicial to the best interest of the service as provided under Executive Order No. 6 and Section 46 of the Revised Rules on Administrative Cases in the Civil Service.

The top officials of BIR who failed the lifestyle checkare Chief Revenue Officer Ricardo Batongbakal Espiritu of the Revenue District Office (RDO) No. 50-South Makati, Regional Director Alert Benedicto Alocilja of Revenue Region no. 14, Tacloban City and Assistant Revenue District Officer Fritz Sarad Buendia of RDO No. 24-Valenzuela City.

The RIPS filed administrative and criminal charges against the BIR officials.

In the case of Espiritu, RIPS investigators discovered that he omitted to declare several parcels of agricultural land, residential land and building located in Bulacan owned by him and his wife in his SALNs.

Moreover, Espiritu did not declare his wife’s business interest in a certain Esmont Realty Corporation where she is one of the incorporators owning half of the total shares of stock of the said corporation.

Likewise, Espiritu declared the “Jun Encarnacion Salon for Men & Women” located at Iba, Meycauayan, Bulacan, owned by his wife in his SALNs up to 2011. However, said salon was issued its last Mayor Permit in 2007. Clearly, Espiritu manipulated his SALNs to make it appear that his wife was earning income of her own and has financial capacity.

Espiritu also repeatedly declared a Palawan property in his SALNs, but verification with the Provincial and City Assessors of Palawan and Puerto Princesa City divulged that no real property has been declared in their office under the name of respondent or his wife and other family members.

Finally, Espiritu failed to obtain from the DOF the required Indorsements/Travel Authorities for his seven (7) foreign trips. Moreover, his numerous travels abroad indicate that Espiritu and his family are living quite a luxurious lifestyle.

In its Complaint, RIPS significantly illustrated Espiritu’s accumulation of wealth while he is in government service.

With respect to Alocilja, RIPS said he failed to declare several properties in his SALNs, particularly, a residential lot in M. H. del Pilar St. which appears to have been donated in 1985 was not declared in his 1995 and 1996 SALNs. Another residential lot which he purchased in 1986 was not disclosed in his 1995 to 1998 SALNs. Lastly, a residential house in Tacloban City acquired in 1987 was not reflected in his SALNs prior to 2005.

The same scheme was utilized by Alocilja with regard to his personal properties when he omitted to declare a second hand car and his ownership of several firearms.

As to Buendia, in 1989, RIPS said he was employed in the BIR as Clerk II with a gross salary of Seventeen Thousand Six Hundred Forty Pesos (P17,640.00) per annum. Considering his humble beginnings, he was able to purchase a house and lot in Pangasinan and numerous high-end vehicles like Nissan Cefiro, Honda CRV and Toyota Corolla, all of which were paid for in cash.

The RIPS prayed for the imposition of a six-month preventive suspension on these BIR Officials during the pendency of the proceedings as well as the filing of criminal information for violations of Section 7 of RA 3019 and Section 8 of RA 6713, Article 171 (4) and Article 183 of the Revised Penal Code.

The RIPS also sought their dismissal from service pursuant to Rule 10, Section 46 (A)(1), (A)(2) and (A)(3) of the Revised Rules on Administrative Cases in the Civil Service (RRACCS) and the forfeiture of their ill-gotten wealth.

BOC’s Deputy District Commander violated the full and truthful SALN disclosure

Republic Act 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees” and Republic Act No. 3019, the “Anti-Graft and Corrupt Practices Act,” specifically mandate the obligation for every government officer and employee to submit a yearly SALN. Failure to comply with such obligation may subject them to the gravest penalty of dismissal from office.

Rogelio Ilaga Rabanal , Deputy District Commander of Customs Police District, Enforcement and Security Service (CPD-ESS) at the Port of Batangas violated the aforementioned laws when he failed to file his 2009 SALN as confirmed by the Human Resource Management Division of the BOC as well as the Office of the Ombudsman.

Furthermore, Rabanal did not declare a parcel of land in Ilocos Norte in his SALN prior to 2003 when the Deed of Absolute Sale revealed that as early as 1998, he was already the owner of the same. Rabanal never declared in any of his SALNs his ownership of several firearms which RIPS verified with the Firearms and Explosives Office of the Philippine National Police.

In the complaint filed with the Office of the Ombudsman, RIPS was able to demonstrate Rabanal’s inconsistent and misleading declarations as he failed to be forthright about the true values of his real properties as well as his personal assets.

Finally, Rabanal did not obtain from the DOF the mandatory Travel Authorities for most of his travels outside the country.

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