Ombudsman makes final ruling firing BIR exec

Ombudsman Simeon Marcelo yesterday dismissed from the service an examiner of the Bureau of Internal Revenue (BIR) who failed to justify how he acquired properties way above his lawful income.

In a 12-page order, Marcelo denied the motion for reconsideration of lawyer-accountant Arnel Bernardo, upholding his April 21 ruling.

In the appealed decision, Marcelo ordered Bernardo dismissed from the service, forfeited his retirement benefits and disqualified him from holding public office.

Marcelo said Bernardo was not able to explain how his 1999 assets had increased by P400,000 from the P12 million net worth he had reported in 1998.

"Bernardo’s claim does not appear to deserve merit," he said."Even if we consider his alleged other income, it will reveal that such acquisition has not been adequately justified."

"This shows that the corresponding increase, as well as the acquisition of property has not been adequately justified," he said.

The 46-year-old Bernardo even traveled abroad with his family in 1999, Marcelo added.

On the other hand, Bernardo said he will ask the Court of Appeals (CA) next week to review Marcelo ‘s decision dismissing him.

"I have no other recourse but to elevate my case to the appellate court," he said. "They ignored the documents I presented. They just maintained their previous position."

Documents he submitted to investigators will prove his good faith, Bernardo said.

Bernardo said his P20.9 million "accumulated assets" were not ill-gotten, as he also derives income from several businesses, apart from his employment with the BIR.

"We also own the Rina’s Boutique on Laong-Laan in Sampaloc, Manila and Jel’s Gift Center near the UST," he said.

"We also have a 12-door apartment in Manila and several boarding houses, where we got our rental income. I’m paying more than P200,000 in taxes every year, excluding value-added tax.

"I was amazed why the Ombudsman took special interest in my case, considering that I do not occupy any position of importance," Bernardo added.

He also operates lottery stations in Sta. Mesa, Manila and in San Francisco del Monte, Quezon City, Bernardo said.