Ombudsman orders suspension of Customs officer over unexplained wealth
The Office of the Ombudsman on Thursday ordered the preventive suspension of a Bureau of Customs (BOC) official who is being investigated for allegedly acquiring wealth beyond her lawful income.
Ombudsman Merceditas Gutierrez suspended Emelia Amansec Cervantes, Customs operations officer V assigned at the BOC's Manila International Container Port (MICP).
Cervantes was charged for allegedly violating Article 183 of the Revised Penal Code and Section 8 of Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
In her 14-page order, Gutierrez said "there is strong evidence of guilt to warrant the preventive suspension of respondent Emelia Amansec Cervantes."
In its complaint, the Ombudsman's Field and Investigation Office (FIO) claimed that Cervantes and her husband Juan failed to declare in their statements of assets, liabilities, and net worth (SALN) several properties and business interests.
Among the questionable properties are irrigated rice lands; a residential lot in San Fabian in Pangasinan; and a Mitsubishi Galant worth P377,580. The couple was also said to be an affiliate of the New Beginnings Insurance Agency Co.
The FIO also found that Cervantes spent beyond her means, saying that her Service Records and Certificate of Compensation from 1995 to 2005 showed she only earned an income of P2,446,442.
"[But] during said years, she acquired wealth approximately P3,050,407.11, an amount which is disproportionate to her lawful income," the FIO added.
The Ombudsman also said initial investigation showed that "despite diligent effort" by the FIO, Cervantes' SALN for 2002 and 2003 could not be located, "leading to the presumption that the same were not filed."
Gutierrez directed newly appointed Customs commissioner Angelito Alvarez to implement the preventive suspension "immediately" and to submit a compliance report within five days after receipt of the order.
Tax examiner
Also on Thursday, the Ombudsman asked the Quezon City Regional Trial Court to forfeit alleged ill-gotten wealth of Andres Jusayan Gabagat Jr, a revenue examiner I assigned at the Tax Fraud Division of the Bureau of Internal Revenue (BIR).
In an 11-page petition, the Ombudsman questioned how Gabagat purchased a P1-million house and lot in La Loma, Quezon City when records from the BIR showed he only earned P136,128 from September 1990 to July 2001.
"The acquisition of the said property is manifestly out of proportion to respondent’s only known lawful income. Being so, his assets are presumed to have been unlawfully acquired and are thus subject to forfeiture in favor of the government," the Ombudsman added.
Apart from the house and lot, the Ombudsman also asked the local court to take away Gabagat's other personal belongings including jewelries worth P150,000; cash and bank deposits worth P645,304; a race horse worth P150,000, and a car worth P200,000. — LBG, GMANews.TV
