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).

In its complaint filed on May 9, 2012, the Revenue Integrity Protection Service (RIPS) of the Department of Finance (DOF) stated that based on its official investigation conducted against Lindo, the latter was found to have committed non-disclosure of real and personal assets and relevant discrepancies in his SALNs, as well as non-filing of his 2003 SALN, 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).

RIPS’ assertion in its complaint that Lindo’s failure to file his 2003 SALN as required by law was bolstered by the letter dated 11 April 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, wherein it was stated that “no file/record pertaining to respondent’s SALN for 2003 was found in their agency files.” Likewise, RIPS also got hold of a Certification dated 12 April 2011 issued by the Chief of the Human Resource Management Division of the Bureau of Customs affirming that “no copy of respondent’s SALN for 2003 was found in his 201 files with the Bureau.”

With regard to 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.

On the other hand, 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 one million six hundred sixteen thousand seven hundred sixty pesos (Php 1,616,760.00), 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, observed 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 and fallacious declarations in his SALNs, 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, in palpable violation of RA 3019, as amended and RA 6713.

Backed up by supporting evidence, RIPS said in its sworn statement, “In his SALNs for 2001, 2004, 2005, 2006, 2007, respondent declared under Liabilities a “house and lot”. However, no such “house and lot” entry was ever reflected in his Assets under Real Properties. Furthermore, while respondent declared in his 2007 SALN as Liability a “house and lot” in the amount of P50,000.00, it was discovered that the “house and lot” was already fully paid as early as September 30, 2007 as reflected in the Acknowledgement of the Deed of Absolute Sale. Another non-disclosure of liabilities is evident in respondent’s 2007 to 2010 SALNs where no entry of any car loan was declared. Inconsistently, it was found out that the 2007 Toyota Fortuner was encumbered to PS Bank as payable in forty-eight months, as gleaned from the promissory note with chattel mortgage of the disputed vehicle.

“Worse, it was only in his 2009 and 2010 SALNs where respondent declared a “Cash on Hand” entry which is enough basis to raise suspicion as to the truthfulness and veracity thereof,” RIPS added.

The Finance Department’s anti-corruption arm pointed out in its complaint that “Section 8 of RA 3019 provides that public officers, like the respondent, should be placed under preventive suspension while investigation of their unexplained wealth is ongoing and should they be found guilty of amassing wealth grossly disproportionate to their salary and other lawful income, they should be dismissed or removed from government service.”

Unlawful wealth belonging to a public official or employee, his relatives, or any other person with whom he may have conspired to conceal the same will be reverted to the government through forfeiture proceedings under Section 2 of Republic Act 1379 if found to have been acquired by means of suspicious and unjustified sources of income.

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 one hundred nine (109) graft and lifestyle cases against one hundred fifty (150) personalities and successfully secured sixty-one (61) suspensions from office and twenty-one (21) dismissals from service.
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The DOF-RIPS is an inter-agency anti-graft unit, created pursuant to Executive Order No. 259, s. 2003, to detect, investigate, and prevent corrupt practices involving officials and employees belonging to the revenue generating agencies under the jurisdiction of the Department, including the Bureau of Customs (BOC).