SC finds former BI director guilty of grave misconduct

CEBU, Philippines – Citing lack of merit, the Supreme Court has denied the appeal filed by a former regional director of the Bureau of Immigration-Mactan International Airport Station who was found guilty for grave misconduct.

The SC, in a decision penned by Associate Justice Martin Villarama Jr., affirmed the decision of the Office of the Ombudsman-Visayas and the resolution of the Court of Appeals dismissing Geronimo Rosas from the service.

"We rule in the affirmative. It is well-settled that findings of fact and conclusions by the Office of the Ombudsman are conclusive when supported by substantial evidence. The findings of the Office of the Ombudsman are generally accorded great weight and respect," the decision read, adding there was no cogent reason to overturn the ruling of the CA.

Rosas was formerly director of BI-Mactan International Airport Station, now Mactan-Cebu International Airport.

He was dismissed from the service in 2004 by the Office of the Ombudsman which found him guilty for grave misconduct following a case involving two Iranian nationals Jafar Saketi Taromsari and Jalal Shokr Pour Ziveh.

Rosas appealed his case before CA, but the appellate court upheld the anti-graft court's ruling.

He alleged he cannot be held liable for the release of Taromsari and Ziveh who violated immigration laws for having in possession fraudulent passports. He added that he should not be held liable for acts that do not fall within his "area of responsibility."

"He pointed out that it is the immigration officers who are in charge of primary inspection of incoming and outgoing passengers as well as the determination of whether a passenger should be excluded, and the management, control and supervision of such duties pertain to the Head Supervisor, Mr. Casimiro P. Madarang III," read the document.

According to Rosas, he had no prior knowledge of the arrival of Taromsari and Ziveh on December 7, 2004 because he was not at the airport that day.

Along with Rosas, security guards Elmer Napilot and Jose Ramon Ugarte were likewise charged before the Office of the Ombudsman for escorting the two foreigners from the BI detention in Mandaue City to MCIA.

However, the anti-graft office dismissed the complaint filed against Napilot and Ugarte for insufficiency of evidence because they found no conspiracy between them and Rosas. The two guards escorted the foreigners upon the alleged order of Rosas.

Taromsari and Ziveh arrived in the Philippines on December 7, 2004 and stayed in a hotel in Cebu City for a few days. They left for Narita, Japan on December 14, 2004.

However, Japanese immigration authorities sent back the two Iranian nationals to the Philippines on December 16, 2004 after they discovered that they had tampered Mexican and Italian passports and used falsified names.

The two foreigners were detained at the BI detention and on December 19, 2004 were released for deportation.

They were allowed to leave for Tehran, Iran via Kuala Lumpur, Malaysia on board Malaysian Air Lines without undergoing deportation proceedings and without charging them for violation of Section 37(a)(9) of the Philippine Immigration  Act (PIA) of 1940.

In the 15-page decision, the SC said Rosas had the duty to initiate criminal proceedings and deportation proceedings under Section 45 of the PIA of 1940.

"Having admitted that they knowingly entered the country with the use of fraudulent passports and false representation when they arrived on December 7, 2004, Taromsari and Ziveh should have been ordered arrested and formally charged with violation of Section 37(a)(9) in relation to Section 45(c) and (d). Deportation proceedings should have been initiated forthwith against these aliens," the high court said. —/NSA (FREEMAN)