Supreme Court clears DA-7 officer on graft charges

CEBU, Philippines - A veterinary quarantine officer of  the Department of Agriculture (DA) in Central Visayas has been cleared of graft charges by the Supreme Court.

Associate Justice Mariano del Castillo said he found no reason to reverse an earlier ruling by the Office of  the Ombudsman dismissing the complaint, which was raised to the Court of Appeals (CA), against Dr.  Amelia Almirante for corruption and grave misconduct for lack of substantial basis.

“The court agrees with the CA that the instant petition presents no opportunity to depart from past pronouncements — consistent with law and the rules of procedure of the Office of the Ombudsman — that where the respondent is absolved of the charge…the Ombudsman’s decision shall be final, executory, and unappealable,” he said. 

In the complaint of Frederick James Orais, he alleged that Almirante ordered veterinary quarantine inspector Luz Tabasa to receive money, in check or in cash, from meat importers in exchange of the issuance of Clearance Certificates without an official receipt and other documents.

Orais attached the affidavits of Tabasa, Dr. Verna Agriam and Alfredo Barbon as support for the complaint.

In her affidavit, Tabasa alleged that private contractual employees who were not DA-7 employees, were assigned by Almirante to perform quarantine functions like inspection of imported cargoes in cold storages and warehouses and the preparation and issuance of Clearance Certificates, commodity clearance for export, and shipping permits.

“…that in the preparation and issuance of clearance certificates, no official receipt is issued but the money paid therefore is remitted to respondent, who would only issue an acknowledgement receipt signed by her,” Tabasa stated.

In her counter-affidavit, Almirante denied the charges stressing that all payments were received by the DA Regulatory Division through its duly authorized collection officers who issue the proper official receipts.

The acknowledgment receipts, she said, do not cover the Clearance Certificates but for the reimbursements made to quarantine personnel for their overtime services, transportation, meals, lodging and other expenses incurred in the examination and inspection. She added that this is authorized under a DA administrative order.

The Ombudsman stated that there was no irregularity on the issuance of Clearance Certificates as well as on the acknowledgement receipts on payments for overtime and transportation and food reimbursements. — (FREEMAN)