DOF scores victory vs erring BIR, BOC officials

MANILA, Philippines - The Office of the Ombudsman has handed down preventive suspensions, criminal indictments, and a lone dismissal from the service against erring officials of the Bureau of Internal Revenue (BIR) and Bureau of Customs (BoC).

Marlon Pascual and Emma Pascual, Revenue Officers I and II, respectively, of the BIR, are now officially placed under preventive suspension for six months without pay by the Office of the Ombudsman as a result of administrative charges filed against them for grave misconduct, conduct unbecoming of a public officer, and abuse of authority.

The Office of the Ombudsman denied the respondents’ motions for reconsideration (to set aside preventive suspension), invoking its express power under Sec. 24, Republic Act 6770, commonly known as “The Ombudsman Act of 1989”, to suspend any government personnel during the preliminary investigation of any complaint against him.

In their motions, the respondents cited procedural flaws in the issuance of the preventive suspension order, having been issued five years after the filing of the complaint, as well as violation of their right to due process anent the finding of evidence of guilt against them, even before they could file their counter-affidavit.

However, the Finance Department’s Revenue Integrity Protection Service (RIPS), which endorsed the preventive suspension order to the BIR for its immediate implementation, maintained that the same was issued within the parameters of the RA 6770.

Addressing the issue of lack of due process, the Ombudsman, quoting a 1998 Supreme Court ruling stated in the assailed order that, “a preventive suspension can be served on an official under investigation after charges are brought and even before charges are heard since the same is not in the nature of penalty but merely a preliminary step in an administrative investigation.”

The respondents were both assigned at the BIR Revenue Region No. 9 - San Pablo City, Laguna at the time the complaint was filed on May 23, 2006. At present, one of the respondents, Emma Pascual, is stationed at BIR Revenue Region No. 8 - Makati City.

On the other hand, Mitchell Verdeflor, BOC’s Intelligence Officer I, was found guilty of dishonesty that led to his dismissal from the service by the Ombudsman after he failed to disclose a number of properties and his wife’s business interest in his sworn Statement of Assets, Liabilities, and Net Worth (SALN), as mandated under Sec. 8 of the Code of Conduct and Ethical Standards of Public Officials and Employees.

Prior to the issuance of the above-mentioned decision, the Ombudsman, in its review-resolution had resolved that Verdeflor be likewise charged with seven counts of Perjury.

RIPS, the investigating arm of the Department of Finance against corruption, filed the administrative and criminal cases against Verdeflor on July 13, 2009.

RIPS conducts lifestyle and graft investigations and files the proper criminal and administrative actions against erring officials of the revenue-generating bureaus and agencies under the jurisdiction of the Department of Finance, as mandated by Executive Order 259.