SC affirms BOC exec’s dismissal
INQUIRER FILE PHOTO
MANILA, Philippines—The Supreme Court has upheld the dismissal of Bureau of Customs (BOC) miscellaneous division chief Flor Gupilan-Aguilar after she was found to have properties that were not declared in her statement of assets, liabilities and net worth (SALN).
At the same time, the high court dismissed the judgment of grave misconduct and dishonesty against Customs Officer 3 Honore Hernandez who was charged with owning a vehicle initially suspected by graft investigators to be owned by Aguilar.
Hernandez was ordered reinstated after he was able to justify his ownership of the “medium-priced motor van,” showing proof that he and his wife, a doctor, had other sources of income.
The two customs officials were among those investigated by the Philippine National Police Criminal Investigation and Detection Group in June 2003 for their alleged lavish lifestyles and nefarious activities.
In a 20-page decision dated Feb. 26, the Supreme Court Third Division modified the Court of Appeals July 22, 2009, decision by ruling that Aguilar’s accumulation of unexplained wealth or acquisition of properties disproportionate to her income only constituted dishonesty and not grave misconduct.
However, the high court did not agree with Aguilar’s claim that the undeclared properties, including real estate in Pasay and Quezon cities and two BMW cars, were owned either by her brother or a friend of another brother.
The high court said Aguilar, being a ranking customs official, had also admitted to have received benefits from the corporations that had been facilitating her brother’s used car export business.
“The act complained of as regards the BMW cars for sure is indicative of corruption, tending to suggest that petitioner Aguilar had used her position in the customs bureau to advance her brother’s business interests as well as that of the two corporations which facilitate the vehicle exportation and importation business,” the Supreme Court said in its resolution penned by Associate Justice Presbitero Velasco Jr.
“With an annual salary of P249,876, it is incomprehensible how she could have acquired her undeclared assets on top of paying for her annual travels and living expenses,” the court said.—Christine O. Avendaño
