The Office of the Ombudsman has suspended without pay three Bureau of Customs (BOC) officers who failed to fully disclose their assets, liabilities, and net worth.
In separate decisions, the Ombudsman suspended Collector 1 Sevellino Cruzada Tomol of the Port of Isabel, Leyte for two months, and Customs officer Recaflor Edward F. De Leon for six months. Meanwhile, Customs Operations Officer III Nelly S. Ochoa of the BOC-Ninoy Aquino International Airport (NAIA) was suspended for two months.
The cases were filed by the Department of Finance-Revenue Integrity Protection Service (DOF-RIPS), the anti-corruption arm of the DOF.
In its decision, the Ombudsman found Tomol guilty of “simple neglect of duty” for violating Section 8 in relation to Section 11 of the Code of Conduct and Ethical Standards for Public Officials and Employees (R.A. 6713). The Ombudsman explained that Tomol failed to declare his 10 computers in his 2008 to 2010 Statements of Assets, Liabilities and Net worth (SALNs), and his Kia Pregio Van in his 2007 and 2008 SALNs.
The anti-graft body did not give weight to Tomol’s defense that he did not declare the computers because they were used in an Internet café and were declared as assets by his business interest. It noted that the Department of Trade and Industry (DTI) issued on February 7, 2008 a Certificate of Business Name Registration to Rams-J Travel Link and Information System in favor of Tomol; and on February 22, 2008, the Office of the City Mayor of Ormoc, Leyte issued a permit for him to operate Rams-J Travel Link as proprietor. The decision further explains that a sole proprietorship is not a separate juridical personality from owner of the enterprise, and thus Tomol should have declared the 10 computers in his SALN.
As for the van, the Ombudsman refused to give credence to Tomol’s assertion that the vehicle was a gift from him to his son. The Ombudsman said, “Clearly, it can be told that the alleged donation of the Pregio by Tomol to his son as a wedding or a graduation gift did not operate as transfer of ownership for want of formalities as required by law. Tomol still owns it and the same should have been declared as personal property in his 2007 and 2008 SALNs.”
Meanwhile, De Leon was suspended for failing to declare his three licensed firearms in his 2003 to 2011 SALNs.
Although De Leon insisted that the firearms were declared under the category “others,” the Ombudsman agreed with complainant DOF-RIPS that he should have itemized his other personal properties, as instructed in his 2008 SALN. According to the instruction, when the value or acquisition cost of items falling under the category “others” exceeds Php100,000, they should already be itemized.
The Ombudsman pointed out that a closer examination of De Leon’s SALNs from 2003 to 2011 revealed that “others” mostly pertained to books, computers, personal effects and clothes and not to firearms. Furthermore, the Ombudsman noted that since the respondent had included the value of his firearms in the amount found under item “others,” he should have declared a higher amount.
Aside from not declaring the true value of his licensed firearms, De Leon also admitted to failing to secure a travel authority for his trip to Bangkok in 2001. Though De Leon justified his action by saying he filed for an official leave of absence, the Ombudsman maintained that by not getting that travel authority, he violated “reasonable office rules and regulations” as stipulated in Executive Order No. 6 (including all other administrative orders) and Section 46 (F) (3) of Rule 10 of the Revised Rules on Administrative Cases in the Civil Service.
On the other hand, the Ombudsman again ordered the filing of information against Ochoa before the Municipal Trial Court of Pasay City for violating the Anti-Graft and Corrupt Practices Act (R.A. 3019) in relation to R.A. 6713.
In a seven-page decision, the Ombudsman indicted Ochoa on two counts of violation of Section 7 of R.A. 3019, as amended, in relation to Section 8 and 11 of R.A. 6713, for failing to file her SALNs in 2003 and 2004.
Despite Ochoa’s assertion that she filed both SALNs with the Administrative Division of the NAIA Customhouse in Pasay City on April 9, 2004 and April 2005, the Ombudsman still found Ochoa guilty as charged.
Records revealed that there was no indication anywhere on her SALNs attesting that the Administrative Division of NAIA Customhouse received them. The Ombudsman further noted that the NAIA Customhouse did not certify that Ochoa’s 2003 and 2004 SALNs were available in their records, and that nothing was ever presented showing transmittal of her SALNs to the BOC Human Resource Management Division.
Aside from charging her of breaching R.A. 3019 and R.A. 6713, RIPS-DOF also sued Ochoa administratively for “gross neglect of duty and conduct prejudicial to the best interest of the service.” However, finding no intention to withhold filing of her SALNs and no proof that trust of the public to the BOC had been diminished, the Ombudsman found Ochoa guilty only of simple neglect of duty.
