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Tuesday, March 09, 2004
RTC fines, jails fish warden
By Giovanni A. Nilles
THE Regional Trial Court of Bogo, Cebu has convicted a fish examiner for violating the anti-graft law and the Revised Penal Code.
Examiner Teodoro Tirol needs to pay a total of P1,175 for his offenses and spend at least six years behind bars.
Tirol caused injuries to the government after he allowed the shipment of dynamited fish from Bogo town to Cebu City and issued photocopied receipts, all bearing the same number, without submitting the proceeds to the northern town’s coffers.
Judge Antonio Mari-gomen sentenced Tirol to six to 15 years’ imprisonment for the graft
case and perpetual disqualification from public office.
In a 17-page decision, he also imposed a jail term of two to six months for Tirol’s failure to remit to the town the P75 fee he collected for the three truckloads of blasted fish.
The judge also ordered Tirol to pay a fine of P1,000 for the second offense.
Apprehended
The Cebu City Bantay Dagat unit, led by program director Elpidio dela Victoria, intercepted three truckloads of dynamited fish on Aug. 2, 1998 at the Pasil fish port.
The unidentified fish dealers presented auxiliary invoices, which indicated that they paid
P25 as inspection fee.
However, each of the three invoices bore the same number, prompting Dela Victoria to file a complaint before the Office of the Deputy Ombudsman for the Visayas against Bogo municipal agriculturist Cesar Ylanan and Tirol.
The anti-graft office then recommended the filing of the charge against Tirol for violation of Sec. 3, Par. (e) of the Amended Anti-Graft and Corrupt Practices Act, which penalizes the act of causing undue injury to the government through manifest partiality, evident bad faith or gross inexcusable negligence.
It also recommended a separate charge for fraud against the public treasury, after Tirol reportedly failed to remit the P75 he collected for the inspection on the trucks.
Bad faith
Judge Marigomen ruled that the fact that auxiliary invoices did not specify the names of the shippers and consignee of the dynamited fish already demonstrated manifest partiality, evident bad faith and gross inexcusable negligence.
Although Tirol denied having issued the invoices, the court was convinced that it was Tirol who actually issued these.
Judge Marigomen cited Tirol’s alleged admission before the Sangguniang Bayan of Bogo, Cebu that he did not turn over the P75 collection for the auxiliary invoices.
(March 9, 2004 issue)
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