'Dismissed' BIR reg'l exec slams PAGC decision
The regional director of the Bureau of Internal Revenue (BIR) here has asked the Presidential Anti-Graft Commission (PAGC) to reconsider its decision dismissing him from office for violation of Anti-Graft and Corrupt Practices Act.
BIR Regional Director for Revenue 11 Hadji Mama Bae Marzoc assailed the decision of the PAGC saying it was not done with justice.
Marzoc also taunted the PAGC investigating team for not doing their homework. "I was once a member of an investigating body and I could have taught them the proper way in conducting an investigation," he said.
The case filed against Marzoc before the PAGC stemmed from the complaint of Mancha Ang, naturalized Filipino citizen. Ang was then a British national who is engaged in sugar, flour and grocery business in Cotabato City. Marzoc said he heard from his friends in Malacañang that Ang is a close-friend of Executive Secretary Eduardo Ermita and has close contact with people inside the PAGC. However, Marzoc refused to categorically say whether Ang influenced the decision of the PAGC.
Marzoc was charged for violation of the Anti-Graft and Corrupt Practices Act, Code of Conduct for Ethical Standards for Public Officials and Employees and Book V of Executive Order No. 292 before the PAGC. He was then the regional director of BIR Cotabato City. The case was docketed as PAGC-05-0035. A same case for graft and corruption was filed against him by Ang before the Ombudsman, however, it is still pending.
The PAGC charges cited Marzoc's failure to declare eight real properties in his Statement of Assets and Liabilities in 2003, 2004 and 2005. The properties include two residential lots, residential lot with building, one residential lot, two one storey buildings and two two-storey buildings.
The PAGC made their investigation in November 2006. The PAGC decision was signed by Executive Secretary Eduardo Ermita on June 25, 2007. The decision found Marzoc guilty of all the charges filed against him. The same order dismissed Marzoc from the government service and cancellation of his eligibility, forfeiture of leave credits, retirement benefits and disqualification for re-employment in the government service.
Marzoc, however, said they have yet to receive the official copy of the PAGC decision. Nevertheless, they got a copy from their sources in Malacañang and filed their motion for reconsideration last July 11, 2007.
In his motion for reconsideration, Marzoc said the PAGC erred in concluding that he is the owner of the Mosque and the Madrasah. He said the owner is the Muslim Ummah Community. He said the investigating body simply brushed aside the certification of the City Assessor's Office that the said mosque which they called Kutawato Islamic Center is registered under his name and with co-owners.
In the same motion for reconsideration, Marzoc said the PAGC violated the due process clause by resorting to trial by publicity which manifests its partiality by immediately causing the publication in newspapers and in television and radio broadcasts of their decision. He said, he has yet to receive copy of the decision and the said decision is not final and executory based on Section 7 of Administrative Order No. 18 dated February 12,1987.
The PAGC also abused its discretion in immediately concluding that the real properties in four tax declarations were separate properties instead of conducting first an ocular inspection which could have revealed that the properties mentioned are mere accessories to Marzoc's house and lot as declared in his SALN.