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16 May 2012

BOC employee face suspension due to SALN discrepancies

Herminio Castillejos Lindo, a Customs Special Agent, is facing possible preventive suspension due to serious violations pertaining to his sworn Statement of Assets, Liabilities, and Networth (SALN).
The Revenue Integrity Protection Service (RIPS) of the Department of Finance (DOF) found in Lindo in gross violation of Section 7, Anti-Graft and Corrupt Practices Act as amended (RA 3019), in relation to Section 8, Code of Conduct and Ethical Standards of Public Officials and Employees (RA 6713).
In the complaint filed on May 9, 2012, RIPS stated that based on its official investigation conducted against Lindo, the latter was found to have relevant discrepancies and have committed non-disclosure of real and personal assets and in his SALN. He also failed to file his SALN in 2003 SALN.
Lindo’s failure to file his 2003 SALN as required by law was bolstered by the letter dated April 11, 2012, from the Director of the Public Assistance Bureau, Office of the Ombudsman, together with the action slip issued on the same date by its Central Records Division. Likewise, RIPS also got hold of a certification dated April 12, 2011, issued by the Chief of the Human Resource Management Division of the Bureau of Customs (BOC) affirming that “no copy of respondent’s SALN for 2003 was found in his 201 files with the Bureau.”
In light of Lindo’s undeclared assets, it was ascertained during investigation that Lindo seemed to have failed to account for a house and lot in San Pedro, Laguna, as evidenced by Transfer Certificate of Title (TCT) No. T-710708, a Deed of Absolute Sale dated June 16, 2008, and related tax declarations. Per verification with the Registry of Deeds of Calamba City, Laguna, the subject undeclared property was entered in its records on July 2, 2008 in the name of his spouse, Evelyn B. Lindo.
Although Lindo claimed in his 2009 and 2010 SALNs that he owned a house and lot in San Pedro, Laguna, supposedly acquired back in 1983 through a housing loan, the same property was not consequently reflected in his SALNs previous to the years 2009 and 2010.
Moreover, it was also confirmed with the Land Transportation Office (LTO)–Taguig Extension Office that Lindo acquired a 2007 Toyota Fortuner for P1,616,760.00, including applicable charges, sometime in November 2007, which was registered under his wife’s name.
The SALN provisions found under Section 8, Republic Act 6713 in relation to Section 7, Republic Act 3019, as amended, require public officials and employees to disclose a true and detailed statement of their assets, liabilities, networth, financial connections, and business interests, including “those of their spouse and their unmarried children under eighteen (18) years of age living in their households.”
RIPS, in its complaint, stated that, “Interestingly, in his 2007 SALN, respondent has a car entry worth P400,000.00. However, the declared cost of said car according to respondent is much lower than the cost of the 2007 Toyota Fortuner that they bought in that year, making it impossible that said car referred to in his 2007 SALN is the same 2007 Toyota Fortuner.”
Considerably, Lindo’s inconsistent declarations, particularly about his real property, car loan, and hard cash, underscore his utter failure to observe truthful and comprehensive disclosure of his assets, liabilities, and networth which is in palpable violation of RA 3019, as amended and RA 6713.
Accordingly, Lindo’s deceptive declarations and omissions in his SALNs also constitute Falsification of Official Documents and Perjury, defined and penalized under the Revised Penal Code.
Aside from the filing of criminal charges, RIPS likewise prayed in its complaint with the Office of the Ombudsman that Lindo be found administratively liable for Gross Neglect of Duty, Grave Misconduct, and Serious Dishonesty under the Revised Rules on Administrative Cases in the Civil Service (RRACCS).
To date, RIPS has filed 109 graft and lifestyle cases against 150 personalities and successfully secured 61 suspensions from office and 21 dismissals from service.

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