The Office of the Ombudsman suspends retired Bureau of Customs Collector 1 Rudy M. Amistad for violating Section 8 in relation to Section 11 of the Code of Conduct and Ethical Standards for Public Officials and Employees (R.A. 6713). However, since the said penalty can no longer be enforced because of Amistad’s retirement, the said penalty is converted to a fine in the amount equivalent to respondent’s salary for six months.
In its Decision approved on September 17, 2015, the Ombudsman held that Amistad failed to file his Statements of Assets, Liabilities and Net Worth (SALNs) for the years 1970, 1972, 1974 to 1987, 1989 to 1992. The said finding is based on the certification, which BOC-Manila issued.
The Anti-Graft Body also found Amistad failing to state the assessed value and current fair market value of his disclosed properties. The Ombudsman stressed that the SALN form used since 1993 requires that the location, year acquired, mode of acquisition, assessed value, current market value and acquisition cost of the real property declared be indicated. However, Amistad failed to comply.
Furthermore, the Ombudsman refused to find merit on Amistad’s blanket repudiation of the sixteen (16) properties, which the Department of Finance-Revenue Integrity Protection Service (DOF-RIPS) listed in the latter’s Complaint-Affidavit as belonging to Amistad’s undisclosed properties. Amistad said, the properties, which DOF-RIPS identified, as “undisclosed properties” were not actually properties but a series of tax declarations, covering the disclosed properties.
However, a scrutiny of the descriptions and values of the properties covered by the tax declarations pertaining to the so-called “undisclosed properties” are different from those corresponding to the disclosed properties. Thus, the Ombudsman has concluded that at least twelve (12) items of the DOF-RIPS’ list of undisclosed properties are indeed existing properties, which Amistad and/or his wife own, but are not disclosed in the former’s SALN.
Aside from dismissal from service or fine, the Ombudsman has forfeited Amistad’s retirement benefits and has perpetually disqualified him from re-employment in the government service.
The DOF-RIPS assures the public that it will continue prosecuting employees of the DOF and its attached agencies who will engage in graft and corruption. However, it calls on the public to participate in its crusade against corrupt government employees and officials by reporting through the DOF-RIPS webpage – http://www.rips.gov.ph.
