Dismissal of BI lawyer caught extorting visa applicant upheld

THE Office of the Ombudsman denied the appeal of an Immigration lawyer caught extorting P25,000 from a tourist who was applying for visa in 2013.

In a six-page order signed by Visayas Deputy Ombudsman Paul Elmer Clemente, the Ombudsman said it affirmed the dismissal of Serafin Abellon, Legal Officer II for the Bureau of Immigration (BI) in Mandaue city, over grave misconduct.

The grave misconduct case stemmed from charges filed by tourist Mercier against Abellon with the National Bureau of Investigation (NBI).

Abellon was caught in an entrapment operation when he required tourist James Mercier to cough up P25,000 for his visa application in 2013.

Mercier paid the first two tranches of P5,000 and P10,000 before paying the last tranche of P15,000 to Abellon in the entrapment operation at his BI office in May 2013.

During the entrapment operation, NBI authorities recovered from Abellon at least P12,000, supposedly the remaining balance of the extorted money because the actual cost of the visa application is only P3,030.

“(C)orruption, as an element of grave misconduct, consists in the act of an official or fiduciary person who unlawfully and wrongfully uses his station or character to procure some benefit for himself…contrary to duty and the rights of others,” the Ombudsman said in the order.

The Ombudsman found no credence in Abellon’s plea for leniency due to his 40 years of government service.

It added that dismissal from office is a penalty even on the first offense.

Abellon was penalized with cancellation of civil service eligibility, forfeiture of retirement benefits, and perpetual disqualification from holding public office. The Ombudsman directed the BI Regional Director to implement the dismissal. AC