Ombuds maintains 6-month suspension vs BIR employee

CEBU, Philippines - The Office of the Ombudsman Visayas maintained its decision, finding the employee of the Bureau of Internal Revenue-7 guilty of administrative case and ordered six months suspension without pay.

Graft investigator Samuel Malazarte denied the motion for reconsideration sought by Cosme Monteclaros, Jr., revenue officer 1, to set aside its decision dated April 28, 2006.

Malazarte ruled Monteclaros failed to present adequate evidences to set aside the presumption of the cash shortage spent in his meal and travel expenses.

He added Monteclaros’ claim that his allowance was always delayed was not valid excuse for him to use the cash collections without authority.

The complainant of the case was the Commission on Audit-7, which stated that Monteclaros failed to deposit his collections in two towns Tuburan and Tabuelan as required under Presidential Decree No. 1445.

COA said Monteclaros held at hand his collections for a period ranging 6-15 days and 2-22 days for both stations.

State auditors also said the respondent failed to reconcile his cash collections daily and failed to record his sale of documentary stamps during the date of actual sale.

However, Monteclaros cited on his motion for reconsideration the grounds for error of law and facts prejudicial to his interest and beg for one-month suspension rather than six months as he has family to feed.

Monteclaros stated the cash shortage of P19,500 constituted for his meal and travel allowances in the pursuance of his duties and responsibilities as BIR collection officer for two stations in Tuburan and Tabuelan.   - (THE FREEMAN)