Court of Appeals affirms dismissal of DPWH undersecretary

The Court of Appeals (CA) affirmed yesterday the decision of the Office of the Ombudsman to dismiss a Department of Public Works and Highways (DPWH) official after he failed to explain how he acquired properties worth P16.6 million which were not listed in his yearly statement of assets, liabilities and net worth (SALN).

In a 10-page decision, Associate Justice Mario Guarina III junked the petition filed by DPWH Undersecretary Salvador Pleyto asking for a review of the Ombudsman’s decision dismissing him from government service for failing to submit a truthful SALN and for possessing assets he could not have acquired with his salary alone.

"Either one is legal basis for dismissal or removal from office," the ruling read.

The CA also lifted the preliminary injunction it earlier granted Pleyto, stopping the Ombudsman from implementing his dismissal until the court could rule on his petition. He had been with the DPWH for 37 years.

"We agree with the Ombudsman that the progressive albeit unexplained rise in the net worth will be a prima facie evidence of unexplained wealth," Guarina said.

The Ombudsman discovered that Pleyto did not include all his assets in his SALN for nine years — specifically 1979, 1980, 1982, 1988, 1993, 1995, 1996, 1997 and 1999. Under the law, false entries on the SALN are a violation of the Anti-Graft and Corrupt Practices Act.

The CA said Pleyto had been relying on the income of his wife Miguela, who he claimed had a business, to explain her capacity to cover the family’s expenses. However, it was discovered that Pleyto’s family had indulged in "rather heavy spending." In 2002 alone, they spent P400,000.

The Bureau of Immigration also noted that Pleyto’s family had taken a total of 17 foreign trips since year 1995, nine of which were unofficial.

This concurred with the Ombudsman’s opinion that "the gross income of the wife from her business should not be made a barometer of her financial capacity, but to be believable, she should specify her available income after deducting all expenses and taxes, a procedure she did not follow."

The case stemmed from the lifestyle check filed by the Criminal Investigation and Detection Group of the Philippine National Police before the Ombudsman. The Ombudsman suspended Pleyto for six months.

The Office of the President even dismissed him on Jan. 29, 2004 because of an anonymous complaint accusing him of bribery and immorality.

On June 28 last year, the Ombudsman released its decision, saying it found him guilty of grave misconduct and dishonesty. He was supposed to have been dismissed, made to forfeit his retirement benefits and become perpetually barred from government service.

But Pleyto argued before the CA that the Ombudsman committed a mistake in saying that he accumulated properties worth P16.6 million — registered in the name of his wife and three children, Salvador Jr., Mary Grace and Russel — that were grossly disproportionate to his lawful income.

The family’s travels abroad and his P1.3 million net income in 2002 should not be constituted as part of unexplained wealth, Pleyto said.

Pleyto added that he did not commit grave misconduct and dishonesty by failing to list some of his properties in his SALN three years ago.