BIR EMPLOYEES FACES ADMINISTRATIVE AND CRIMINAL CHARGES FOR NON-FILING OF SALN AND LIFESTYLE CASES

Posted in: Press Releases- Jul 12, 2012 No Comments

The Department of Finance, through its Revenue Integrity Protection Service (RIPS) filed administrative and criminal cases with the Office of the Ombudsman as well as the Civil Service Commission (CSC) against erring Bureau of Internal Revenue’s (BIR) personnel.

Non-filing of SALN

            It is a constitutional enshrined duty of every government officers and employees, upon assumption of office and every other year thereafter, as well as upon the expiration of term of office, or upon resignation or separation from office, to submit their Statement of Assets, Liabilities and Networth (SALN) because the public has the right to know.

            Aside from the Constitution, Republic Act 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees” and Republic Act No. 3019, the “Anti-Graft and Corrupt Practices Act,” specifically mandates the obligation to submit yearly SALN for every government officers and employees with the gravest penalty of dismissal from office.

            Five BIR Personnel namely, Revenue Officer III Saidy S. Decampong and Chief Revenue Officer III Juarez V. Hernandez of Revenue Region No. 18, Koronadal City, Revenue Officer III Eleodoro C. Avisado and Revenue Officer III Arsenio N. Reyes of Revenue Region 10, Legazpi City and Revenue Officer III Ma. Luisa Joy C. Pisueña of Revenue Region 12, Bacolod City violated the aforementioned laws for failing to file their respective SALN for year 2010.

This is the first time that RIPS lodged complaints with the Civil Service Commission, involving namely: Reyes and Avisado. The other complaints against the rest of the BIR Officers were filed before the Office of the Ombudsman.

            Their failure to file was discovered by RIPS because of the respective Certifications furnished by different BIR Revenue Regions in compliance with the Department Order No. 12-2011 issued by the Secretary of Finance on February 25, 2011, enjoining all officials and employees of the DOF and its attached agencies and instrumentalities to submit a copy of their respective SALNs to the heads of their offices, and, in turn, for the heads of offices to forward said copies to the DOF through the Revenue Operations and Legal Affairs Group and RIPS.

            The RIPS further verified the alleged failure of the abovementioned BIR personnel to submit their respective 2010 SALN through the other custodians of SALNs, namely, the Office of the Ombudsman and the Civil Service Commission, which both confirmed that they have no record of the SALNs of the foregoing employees for 2010.

Lifestyle case

            Apart from the non-filing of SALN, the RIPS also filed administrative and criminal charges against another BIR employee, Regional District Office 49, North Makati, Revenue Officer III Raul G. Gorospe for violation of the Anti-Graft and Corrupt Practices Act (Republic Act 3019) and the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713) with the Office of the Ombudsman.

            Gorospe, misdeclared a real property in his SALN when he disclosed a certain “Land in Quezon City.” However, upon verification with the City Assessor’s Office of Quezon City, it was revealed that Gorospe, his wife and their four (4) children do not have any record of real property assessment on file with their office.

            Undeclared Sorsogon properties were also discovered during the investigation when the Gorospe repeatedly declared a “Res. in Juban Sorsogon” and a “Res. in Sorsogon,” however, in truth, according to the records of the Office of the Provincial Assessor of Sorsogon, they owned a 1-Storey “Bodega/Warehouse” Building, and 3-Storey “Residential” Building both located at Somal-Ot, Casiguran Sorsogon.

Moreover, RIPS investigators discovered a parcel of land with a residential and commercial building located in Santa Cruz, Manila jointly registered in the names of Gorospe, his wife and ALHI Real Estate Corporation, which he failed to declare in his SALN.

            While disclosing only a single car worth P260,000.00 in his SALNs, LTO records and other documents revealed numerous motor vehicles that Gorospe failed to declare composing of 1989 Toyota Lite Ace, 1992 Hino Truck, 1991 Mitsubishi Truck, 1997 Toyota Jitney, 1999 Hi Bed Trailer, 1975 Toyota Jeep, 9 tractor heads, 3 units of 2007 Hi Bed Trailer, 2007 Mitsubishi Tractor, 3 units 2008 Hi Bed Trailer, 2003 Toyota Jeep, and 2009 Toyota Fortuner SUV.

            More than that, Gorospe’s wife was found to be the owner of Our Lady of Piat Cargo Hauler, a cargo forwarder business, located at Pier 4 North Harbor, Manila, and a beauty parlor in Quezon City. He and his wife were likewise incorporators of ALHI Real Estate Corporation. Curiously, respondent never declared any business interests and financial connections in his SALNs from years 2000, 2002, 2003, 2004, 2005, 2007, 2009 and 2010.

            Finally, as records from the Bureau of Immigration revealed that Gorospe traveled abroad multiple times within the years 2000 to 2011, nonetheless, no travel authorities were issued in his favor covering such foreign tours.

            The RIPS prayed for imposition of preventive suspension on Gorospe during the pendency of the proceedings including the filing of appropriate criminal information against Gorospe for violations of Section 7 of RA 3019, Section 8 of RA 6713 and Article 171 (4) and Article 183 of the Revised Penal Code.

            The dismissal from service of Gorospe is likewise prayed for under Rule 10, Section 46 (A)(1), (A)(2) and (A)(3) of the Revised Rules on Administrative Cases in the Civil Service (RRACCS) for Serious Dishonesty, Gross Neglect of Duty and Grave Misconduct, as well as forfeiture of his ill-gotten wealth.

To date, RIPS has filed one hundred sixteen (116) graft and lifestyle cases with the Office of the Ombudsman against one hundred fifty-seven (157) personalities and successfully secured sixty-one (61) suspensions from office and twenty-one (21) dismissals from service of errant officials and employees under the Department’s jurisdiction. Two (2) complaints for non-filing of SALNs are awaiting action from the state’s central personnel agency. □□□□□

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