BOC chief faces graft complaint for alleged illegal personnel appointment

MANILA, Philippines – Bureau of Customs (BOC) Commissioner Rey Guerrero and other bureau officials are now facing graft complaints before the Office of the Ombudsman for the alleged illegal appointment of personnel.

In the complaint filed by a certain Joana Marie Gonzales on Thursday, Guerrero and Deputy Commissioner for Intelligence Raniel Ramiro were accused of allowing BOC Risk Management Office (RMO) Chief George Patrick Avila to assume duties in February 2019 even without official documents or appointment.

“Subsequently, respondent Avila, without any appointment and through the consent and acquiescence of respondents Guerrero and Ramiro, began performing the official functions of the Chief of RMO, which is under the office of the Deputy Commissioner of the Intelligence Group,” the complainant said.

“Avila certainly could have not performed the official functions […] without the concurrence and consent of respondent Ramiro and respondent Guerrero,” she added.

All three were implicated in the graft and grave misconduct complaints while Avila faces an additional charge for supposedly violating Article 177 of the Revised Penal Code for usurpation of authority.

According to Gonzales, the Deputy Commissioner for Intelligence — in this case Ramiro — should have supervision of the RMO according to Executive Order No. 836 issued last 2009.  She also claimed that Guerrero also violated rules on the appointment of government officials.

“Under Section 132 of Rule XII of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions, no consultant, contractual, non-career, or detailed employee shall be designated to a position exercising control or supervision over regular and career employees,” Gonzales noted.

“Section 9 of the Civil Service Law clearly provides that the personal and confidential staff of officials who hold their positions at the pleasure of the President are part of the Non-Service Career.  As such, it is undeniable that respondent Avila is not an employee of the BOC and cannot be designated to a position exercising control or supervision over regular and career BOC employees,” she claimed.

BOC spokesperson Jet Maronilla told INQUIRER.net that Guerrero and Ramiro have yet to receive official copies of the complaint.

“The Commissioner and the Deputy Commissioner for IG has not received a copy of the said complaint and therefore cannot give any comment as of this time. Thank you,” Maronilla said in a text message.

Aside from the complaints, Gonzales is also asking the Ombudsman to order the preventive suspension of the three Customs officials.  /muf