CUSTOMS COLLECTOR SUSPENDED FOR FAILURE TO PROPERLY DECLARE SALN

Posted in: Press Releases- Oct 22, 2015 No Comments
Customs Collector Suspended for Failure to Properly Declare SALN

The Office of the Ombudsman (Ombudsman) has again emphasized the need for government employees to completely declare their assets, liabilities and net worth when it suspended a Customs collector for two months without pay.

In its Decision, the Anti-Graft Body found Bureau of Customs (BOC) Collector 1SevellinoCruzadaTomolof the Port of Isabel, Leyte, guilty of violating Section 8 in relation to Section 11 of the Code of Conduct and Ethical Standards for Public Officials and Employees(R.A. 6713) or Simple Neglect of Duty. The Ombudsman explained that Tomol failed to declare in his 2008 to 2010 Statements of Assets, Liabilities and Net worth (SALNs) his ten (10) computers; and in his 2007 and 2008 SALNs his Kia Pregio Van.

In arriving at this decision, the Ombudsman did not give weight to Tomol’s defense that he did not declare the ten computer units in his SALN because the same have been used in the Internet café and are declared assets of his business interest. It noted the fact that the Department of Trade and Industry (DTI) issued on 7 February 2008 a Certificate of Business Name Registration to “RAMS-J TRAVEL LINK AND INFORMATION SYSTEM” in favor of Tomol; and on 22 February 2008, the Office of the City Mayor of Ormc, Leyte issued a permit for him to operate Travel Link as proprietor. The decision further explains that a sole proprietorship does not possess a separate juridical personality from the personality of owner of the enterprise, and thus Tomol should have declared the ten computers in his SALN.

As to the Kia Pregio Van, the Anti-Graft Body refused to give credence to Tomol’s assertion that he did not include it in his SALN because the said car has been given to his son as a gift. The Ombudsman said, “Clearly, it can be told that the alleged donation of the Pregio by TOMOL to his son as a wedding or a graduation gift did not operate as transfer of ownership for want of formalities as required by law. TOMOL still owns it and the same should have been declared as personal property in his2007 and 2008 SALNs.”

DOF-RIPS calls on the public to report graft and corrupt practicescommitted by DOF employees and its attached agencies (the Bureau of Internal Revenue, the Bureau of Customs, the Bureau of Local Government Finance, Bureau of Treasury, Central Board of Assessment Appeals, the Insurance Commission, the National Tax Research Center, the Fiscal Incentives Review Board, and the Privatization and Management Office).

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