Customs Collector Downed by Inconsistencies with Estranged Wife’s SALN

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Former mayor wife emerges unscathed from case

A Bureau of Customs Collector has been ordered dismissed by the Ombudsman following failure to declare and explain wealth in a case his wife has emerged unscathed from. Maximo Dela Peña Reyes, Collector IV at the Bureau of Customs, was charged together with his estranged wife when both were found to have not filed their SALNs for the years 2001 and 2009 and were suspected for not having truthfully disclosed their true net worth for the period 2000 and 2010.

Summarizing analysis of financial statements, The Ombudsman found that the spouses, separated since 2002, have a total unexplained wealth in the amount of P89.19 million, excluding the documented liabilities worth P4.27 million and P8.40 million earned in salaries as public officials from their total net worth of P101.86 million. Spouses also admit to owning interests in 17 businesses, 25 properties, and 15 vehicles.

Reyes even unsuccessfully painted his wife, Cristeta Cuevas-Reyes, former Mayor of Malvar, Batangas, as “arrogant, domineering, and possessive” in a failed bid to explain inconsistencies in his Statement of Assets, Liabilities, and Net Worth (SALN) and massive wealth disproportionate to his income as a public official. The Ombudsman found Reyes’ “battered or henpecked husband defense” to hold very little water and found him guilty of committing gross neglect of duty. Previously, he was placed under preventive suspension in 28 May 2013.

While former Mayor Cuevas-Reyes was able to reasonably explain her wealth in citing income generated from various legitimate businesses involving poultry and drug store chains, Collector Reyes was not able to bring forth a solid defense of his unexplained wealth and improper SALN filings. Citing “generous parents” and his troubled marital relationship as the reason for his misdeclarations, Collector Reyes failed to declare and explain 6 properties and cash on hand worth up to P21.05 million.

The Ombudsman, in its decision approved last 5 November 2014, stated that a “deteroriating marital relationship could not in any way have prevented proper and accurate documentation of properties in [Reyes’] SALN.” In contrast, his wife Cuevas-Reyes was afforded the presumption of good faith after the former mayor cited separation for the failure to secure documents needed for full and accurate declaration. Whereas former Mayor Cuevas-Reyes had proof of legitimate income supporting her wealth, Collector Reyes had none of value to show for in court.

Collector Reyes, aside from failing to file SALNs in 2001 and 2009, did not sign wife’s SALN in the years 2000, 2002-5, 2007, and also did not verify nor accurately declare properties in his filings for 2006, 2008, and 2010.

Found guilty of gross neglect of duty due to repeated acts of negligence, Collector Maximo Dela Peña Reyes was also meted the penalties of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for re-employment in the government service.

The Department of Finance (DOF) and the Bureau of Customs (BOC) welcome this resolution as an unmistakable step forward in the fight against corruption. The DOF and its attached agencies will continue to hold employees in its ranks to the highest standards of integrity and accountability.

Link to the OMB Decision: https://drive.google.com/file/d/0BzdsIedYpUUdcTJ5RzJnSjBiQVU/view?usp=sharing