MANILA, Philippines - Customs Commissioner Angelito Alvarez reinstated yesterday Customs Police chief Jose Yuchongco, three months after he was dismissed from the service for allegedly amassing unexplained wealth.
Alvarez signed the memorandum reinstating Yuchongco to his former position as Special Police Chief of the Customs Police Division of the Enforcement Security Service (ESS).
“Respondent Jose Brigado Nicomedes Yuchongco is hereby ordered reinstated to his position as Special Police Chief, Customs Police Division-ESS, Bureau of Customs (BOC). Likewise, the corresponding criminal information are hereby directed to be withdrawn subject to the approval of the Court where they were filed,” said Alvarez.
Copies of the memorandum would be sent to the BOC Legal Service; office of the Department of Finance (DOF) Secretary through Peter Calimag, assistant secretary, Revenue Operations and Legal Affairs Group; and the Office of the Ombudsman.
Former Ombudsman Merceditas Gutierrez signed Yuchongco’s reinstatement order last May 4. Critics claimed that the order was a “midnight appointment” of the outgoing Gutierrez whose resignation took effect on May 6.
Alvarez also cited that the DOF stated in its order that the “endorsement is only valid insofar as the present factual circumstances dictate and is without prejudice to any future order that may be issued by a competent court or tribunal in relation to this matter. Your attention is called to any further action that will be taken by the DOF-RIPS (Revenue Integrity Protection Service) on the matter.”
A BOC lawyer, who requested anonymity, said that the DOF’s order meant that “the DOF has the option to elevate the case against Yuchongco or file a motion for reconsideration (MR) against him. But in the meantime, we would implement the Ombudsman’s order without prejudice.”
The MR could be filed before the Office of the Ombudsman.
The BOC source said that since it was stated in the May 4 decision that the Customs Police chief’s reinstatement should be implemented immediately, then it would be immediately executed.
Actually, before Yuchongco could assume his former post, a higher official should first issue a certificate of assumption.
“There should first be a certificate of assumption which can be issued by an immediate superior such as ESS Director Nestorio Gualberto or BOC Deputy Commissioner for Enforcement Service Horacio Suansing, or Commissioner Alvarez,” the source said.
But he added that it was also acceptable that Yuchongco would be allowed to first assume the position and a certificate of assumption would just follow.
He added, “As for his benefits, he would receive the same benefits as before he left the bureau. It is as if nothing happened.”
In 2005, the DOF-RIPS filed cases against Yuchongco before the Office of the Ombudsman for unexplained wealth.
The Customs official reportedly purchased properties and obtained a net worth of about P6.48 million in 2004.
According to the Ombudsman, Yuchongco’s gross annual salary in 1994 was about P54,000. In 2004, it was P256,116.
Last Feb. 7, the Office of the Ombudsman dismissed Yuchongco on the grounds of grave misconduct and dishonesty.
He was found guilty of falsifying his Statement of Assets, Liabilities and Networth (SALN) because he allegedly failed to declare or wrongfully declared several real estate properties and lotto winnings.
In the May 4 order, the Office of the Ombudsman said that it is setting aside its Feb. 7 resolution that found probable cause of allegedly violating two counts of Sec. 8 in relation to Sec. 11 of the Republic Act no. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
Yuchongco was also accused of eight counts of Falsification of Public Documents under Article 171 of the Revised Penal Code.