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Sandigan affirms bribery ruling vs BIR employee

By Benjamin Pulta

May 28, 2021, 3:29 pm

<p><em>(PNA file photo)</em></p>

(PNA file photo)

MANILA – The Sandiganbayan turned down the appeal filed by dismissed Bureau of Internal Revenue (BIR) employee Abolais Ampa, who was convicted along with his superior for direct bribery.

In a decision written by Associate Justice Corpus-Mañalac dated May 24, 2021 and made public recently, the anti-graft court affirmed the decision of Manila Regional Trial Court Branch 37 dated July 8, 2020 against Ampa and Nora Halamani.

The Sandigan imposed a sentence of nine-year imprisonment.

Ampa, then Revenue Officer III, and Halamani, former group supervisor of the BIR's Revenue District Office No. 29 (Tondo-San Nicolas), were arrested during an operation of the National Bureau of Investigation on June 29, 2017 upon the complaint of private firm Dealco Farms Inc., a company engaged in processed meat products located on Vitas Street.

The company alleged the two demanded PHP800,000 "for the boys", a euphemism for bribe money intended for a group, in exchange for the approved and signed tax payment forms (Form 0605) which the taxpayer needed as bank requirement.

Dealco accounting officer Henrik Roston Uy handed PHP400,000 in marked money to Halamani during an entrapment at the third floor of the BIR office in Intramuros. The money was found in her drawer.

"The accused-appellant's presence during the exchange (of bribe money) and his apparent failure to do anything to disassociate himself therefrom and to prevent the commission thereof sufficiently establish his complicity in the crime," the ruling stated, adding that "the prosecution established all the elements of the crime of direct bribery as well as conspiracy".

In 2017, the Ombudsman ordered the filing of charges against Ampa and Halamani for direct bribery and violation of Section 7 (d) of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) that states "public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties".

Ampa, who denied the allegations, appealed the conviction by the Manila court but admitted texting the firm's officials to remind them of a three-year prescriptive period of assessment.

The Court of Appeals previously sustained Ampa’s dismissal by the Ombudsman, disregarding his appeal to give due consideration to his unblemished record during his 21 years of service.

“Indeed, length of service and a previously clean employment record cannot simply erase the gravity of the offense exhibited by a malfeasant employee. Length of service is not a bargaining chip that can simply be stacked against the employer,” the 2018 decision penned by Associate Justice Celia Librea-Leagogo read. (PNA)

 

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