|
Tuesday, June 06, 2006
Court upholds suspension of customs exec over ‘ill-gotten wealth’
THE Court of Appeals (CA) on Monday sustained the six-month suspension imposed by the Office of the Ombudsman on a top customs official detailed at the Ninoy Aquino International Airport (Naia) for allegedly misdeclaring his income and acquiring unexplained wealth amounting to P27.4 million.
Associate Justice Martin Villarama of the CA Eight Division dismissed a petition filed by Leovigildo de Castro, chief customs operations officer of Naia, seeking to overturn the Mar. 24, 2006 order of Ombudsman Merceditas Gutierrez placing him under preventive suspension for six months pending criminal and administrative proceedings on the case.
The CA gave weight on the evidence gathered by the Field Investigation Office (FIO) of the anti-graft body that further pinned down de Castro on the charges.
The FIO also filed administrative charges for dishonesty, grave misconduct and conduct prejudicial to the best interest of the service.
"Considering the foregoing circumstance, there is therefore no doubt that aside from strong evidence of guilt in the record, the charges against petitioner involved dishonesty and grave misconduct which if proven warrant his removal or dismissal from the service. The preventive suspension for six months without pay ordered by respondent Ombudsman on petitioner is thus according to law," the CA ruled.
The complaint was also to serve as basis for the conduct of preliminary forfeiture proceedings similar to a preliminary investigation against de Castro's wife Marina Rios and five children identified as Leo Gerald, Marie Aleli, Marie Antoninette, Leovigildo Jr., and Marina Rose.
"A thorough and conscientious review of the facts and circumstances of the herein case against the petitioner and the evidence on which respondent Ombudsman based the suspension order, clearly leads to the conclusion that the evidence on record of guilt is strong and the charges involve offenses of grave misconduct, dishonesty, perjury and conduct prejudicial to the best interest of the service which will warrant his removal from the service," the CA said.
De Castro has been holding the position of chief customs operations officer since 1996.
He has been employed with the Bureau of Customs (BOC) since 1973 assigned at the Naia, starting out as a storekeeper and subsequently promoted as customs bonded inspector (1979), customs bonder supervisor (1980), customs operations assistant chief (1987), and supervising customs operations (1990).
On Oct. 5, 2005, the FIO filed criminal charges against de Castro for violation of Section 8 of Republic Act (RA) 6173 otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees" and Perjury under Article 183 of the Revised penal Code for failure to declare certain business interests in his statement of assets and liabilities and networth (SALN).
Based on the report of the FIO, de Castro's income received at the BOC during the entire period of his service amounted to only P3.3 million.
The FIO however noted that based on documents and records gathered, the properties, capital investment in several businesses and travel expenses of the de Castro family would amount to a total of P30.8 million.
Such amount, according to the FIO, is "manifestly and grossly disproportionate" to his legitimate income from employment with is P3.3 million. The computed unexplained wealth of de Castro amounts to P27.4 million.
The report added that de Castro's SALN from 1994 to 2003 showed that neither he nor his spouse has financial connections and business interests, thus limiting his source of income except his salary from employment.
In his SALNs from 1994 to 2003, de Castro declared a residential house in Parañaque City; a house a lot in Taal, Batangas; agricultural land in Laguna; and a car as among his properties.
The FIO said de Castro failed to declare properties and business interests such as agricultural land in Laguna and investments in the Lemar Export and Import Corporation.
The investigating body also discovered that several properties are registered under the names of de Castro's children who have no sources of income or means of livelihood. These properties include condominium units, a house and lot in Alabang, several cars and investments.
Petitioner and his family have a total investment of P4.8 million in stock corporations. Records from the Bureau of Immigration (BI) also showed that the entire family has at least 70 flights abroad specifically Japan, Hong Kong, and Seoul, South Korea from 1993 to 2004. (ECV/Sunnex)
(June 6, 2006 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
[return to top]
[home]
[network page]
|
LOCAL NEWS
BUSINESS
OPINION
SPORTS
LIFESTYLE
FEATURE
|
