Ombudsman sues ex-Basilan mayor, treasurer for delay in GSIS payment

The Office of Ombudsman investigates and prosecutes erring government officials.

MANILA, Philippines - For failure to pay and delayed payments of the Government Service and Insurance System (GSIS) premiums, government contributions and tax remittances in 2007, a former Basilan mayor and a town treasurer are now facing criminal charges.

In a nine-page resolution, Ombudsman Conchita Carpio-Morales approved the filing of several criminal complaints against ex- Sumisip Mayor Haber Amin Asarul and municipal treasurer Camlian Borjal.

The criminal cases were filed in connection with the violations of the GSIS Act,Home Development Mutual Fund Law and the National Internal Revenue Code. 

Records showed that during Asarul's term in office, the municipality failed to remit GSIS contributions from October 2007 to May 2008 while delayed remittances were reported from June 2008 to May 2009.  

In addition, for the period October 2007 to May 2009, Asarul and Borjal failed to remit the Pag-ibig contributions on time. Delayed remittances of taxes were also found to have been committed from July 2007 to May 2009.

In an administrative case, Asarul and Borjal were found guilty of simple misconduct and were meted out the penalty of three months suspension. 

"As public officers who had custody and control of the funds of the municipality, they clearly violated the law when they failed to do their duty of making sure that the GSIS and Pag-ibig contributions as well as the income tax withheld of the employees are remitted on time," the Ombudsman said.  

The Office of the Ombudsman also ordered the Commission on Audit in the Autonomous Region of Muslim Mindanao to conduct a special audit on the cash accounts of the municipality of Sumisip for the period from July 2007 to June 2009.

This is to cover transactions involving the payment of salaries, benefits and remittance of PhilHealth contributions of the employees. 

Meanwhile, the criminal charges of malversation and graft were dismissed for lack of evidence.

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