2 BIR workers guilty of graft

CEBU, Philippines - Two employees of the Bureau of Internal Revenue were found guilty for violating Section 3 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act after allegedly demanding money from a resort owner in Bohol in 2005.

Bonifacio Ybañez, former chief of the Special Investigation Division and Edgar Palgan, revenue officer, both from BIR Region No. 13-Cebu City were found guilty for demanding P60,000 from Leonila Montero, a municipal councilor and owner of a resort in Panglao, Bohol, supposedly to spare her from any investigation or surveillance assessment done by the office.

Montero said in her testimony that she went to the BIR regional office in 2005, bringing along her business receipts from January to March 2004 that were asked from her. She said that she met the two accused and a certain attorney Francis Mercado and other several clerks she could not anymore identify.

She said that she left the office afterwards and waited for the results of the findings of the office since she wanted to know if she had any mistakes and if she could defend herself.

But the plaintiff said that she did not receive any report. She got text messages instead from Palgan telling her to just settle her obligations and also meet him to discuss the concerns at hand.

According to Montero, she met Palgan and “attorney” Mercado who handed over to her a yellow pad paper where their findings were allegedly written but she said that she chose not to read what was scribbled on the paper since it was not written in a formal manner or with a letterhead and that there weren’t any signatures of the proper officers from BIR affixed on the paper.

She said that after the meeting, Palgan still sent her text messages informing her to settle her obligations so that she would not be bothered by the said office. Palgan allegedly also sent another informal letter transmitted through facsimile machine on their surveillance assessment amounting to more than P200,000.  

Montero said that after more texts from Palgan, she again met him and “lawyer” Mercado where she told them that she would be willing to pay as long as the transaction be made in the BIR office. However, Mercado allegedly asked her to instead give the money to them since their job in the field would require expenses, that the amount would be a big help, and that they vowed to be Ybañez’ protector within the BIR.

She said she wished to have time to talk to her husband about the matter but had a call and a text from Mercado and Palgan respectively informing her that they would be willing to receive P100,000 instead.

Another meeting followed with Mercado and the two accused present where she bargained to pay P60,000 instead to which Ybañez allegedly agreed to.

The complainant said that she was given an account number by Mercado where to deposit the money but she did not push through with it and instead sought help from Insp. Bonifacio Tecson, chief of police of Tagbilaran City, who was then assigned here in Cebu City.

Montero said that they decided on an entrapment operation where she was instructed to communicate with Palgan and make arrangements that she would pay in cash instead of depositing it in the bank.

She then met Palgan from whom she learned that Mercado was in Manila but that Ybañez would follow in a while. When Ybañez arrived, he allegedly asked her “did you bring?” to which she replied “yes” and handed them the money. Police then pounced on the two accused and took them into custody.

However, Ybañez denied such allegations and pleaded not guilty to the charge against him in their arraignment in 2006. Palgan was not able to plead his side since he died even before the arraignment.

Ybañez said that he went to the place where the money was being given since Montero called him up twice to ask him to be there but he never knew about the transaction.

With Palgan’s death, only Ybañez now faces six years and one month of imprisonment and other accessory penalties. — AJ de la Torre/MEEV (THE FREEMAN)