Ombudsman Merceditas Gutierrez yesterday ordered the dismissal of two ranking officers of the Bureau of Internal Revenue (BIR) and another cohort in an extortion attempt on a councilor-busi nesswoman in Cebu City.
Ordered dismissed after being caught in an entrapment operation were Bonifacio Ybañez, Division Chief; Edgar Palgan, Revenue Officer I; and Francis Mercado, Intelligence Officer III, all of the Special Investigation Division of BIR Revenue Region No. 13 in Cebu City.
Administrative charge of “grave misconduct” was filed against them.
The Office of the Ombudsman has yet to recommended the filing of criminal charges against the three.
The case against the three stemmed from the complaint filed by Leonila Montero, a municipal councilor of Panglao, Bohol, and owner of the Alona Beach Resort located in Barangay Tawala, Panglao.
Montero said in her complaint that sometime in March 2005, her employees told her that people identifying themselves as BIR personnel were frequenting her resort.
On May 9, 2005, Palgan, who identified himself as a revenue officer, called Montero through her mobile phone and told her to go to the BIR Regional Office in Cebu City so they can discuss the findings of a surveillance assessment they had earlier conducted.
Palgan told her to bring all her receipts for calendar year 2004 and from January to March 2005.
Montero complied with the request and went to the BIR office where she was met by Mercado and Ybañez, who discussed with her matters pertaining to BIR rules and policies on collection of taxes.
After the meeting, Palgan sent a text message to Montero and set another meeting, this time at a coffee shop in Ayala Center Cebu.
During that meeting, Palgan and Mercado presented a document on her alleged understatement of income from January to March 2005 in the amount of P200,970.61.
Several meetings thereafter occurred until Mercado gave Montero his calling card with his bank account number.
Mercado ordered her to deposit P60,000 in his account through the ATM as payment to fix the problem.
However, Montero did not agree to deposit the money, but to just hand it personally at a prearranged place.
When the two agreed, Montero then sought the help of the Panglao chief of police who initiated an entrapment operation on Aug. 2, 2005.
Arrested in the ensuing operation were Palgan and Ybañez, who were caught receiving marked money from the complainant.
In his counter-affidavit, Ybañez said that he never demanded money from the complainant, nor did he authorize any of his staff to demand money from her.
Palgan, on the other hand, claimed that Alona Tropical Tourist Inn and Beach Resort was one of the beach resorts mentioned in the denunciation letter by a concerned taxpayer, identified as Benjamin Udtohan, for non-declaration of true income and non-payment of correct taxes.
Palgan said he contacted Montero and had several official meetings to convince her to comply with her obligations.
He insisted that he had no knowledge about the alleged proposal of Mercado that Montero just pay them instead of paying the government.
In a 42-page decision, however, the Ombudsman ruled that the so-called denunciation letter of Benjamin Udtohan only mentioned Palm Island Resort in Doljo, Panglao Island, and had nothing to do with the Alona Tropical Beach Resort. – With Iris Gonzales