Customs agent loses appeal on dismissal because he attached copy of wrong ruling
The Court of Appeals (CA) has thrown out the appeal of a Bureau of Customs (BoC) special agent dismissed for failing to disclose certain properties over a simple mistake—he attached a copy of the wrong resolution to his petition.
In a recent 2-page resolution, the CA Special Former 8th Division said the “fatal omission” made by Ramir Saunders Gomez “precluded this Court from exercising its power of judicial review over the same.”
The CA has the jurisdiction to entertain appeals on the Ombudsman’s administrative rulings, but not its determination of probable cause to file criminal charges.
Gomez, however, attached a copy of the Ombudsman’s June 23, 2017 resolution on the criminal aspect of the case for violations of the Anti-Graft and Corrupt Practices Act and the Code of Conduct and Ethical Standards for Public Officials and Employees.
What he failed to submit was a copy of the resolution on the administrative aspect for serious dishonesty, for which he was dismissed from public office.
“Without the pertinent Ombudsman resolution, this Court has no basis to discern the veracity of the issues which petitioner raised in his petition,” read the resolution penned by Associate Justice Edwin Sorongon.
Gomez was found to have failed to declare six real properties located in Old Cabalan, Olongapo City, in his SALN. #