Ombudsman dismisses BI lawyer accused of extortion

The Office of the Ombudsman has affirmed its ruling ordering the dismissal from service of a lawyer with the Bureau of Immigration in Mandaue City, Cebu in relation to an extortion complaint.

In a six-page resolution approved by Deputy Ombudsman for the Visayas Paul Elmer Clemente, the anti-graft body denied the motion for reconsideration filed by Immigration Legal Officer II Serafin Abellon on the Ombudsman’s earlier ruling finding him guilty of an administrative case of grave misconduct.

The case stemmed from a complaint filed by foreign tourist James Mercier with the National Bureau of Immigration (NBI) in 2013.

In his complaint, Mercier claimed that Abellon demanded from him cash amounting to P25,000 for the processing of his application for extension of his tourist visa, which was set to expire on May 27, 2013.

Conceding to the demand, Mercier revealed that he initially gave Abellon the amount of P5,000 on May 6, 2013, followed by another payment amounting to P10,000 on May 16, 2013.

On May 24, 2013, the NBI conducted an entrapment operation in Abellon’s Immigration office, in which Mercier was supposed to give to Abellon a final payment of P15,000.

During the operation, the NBI agents recovered P12,000 in marked money from Abellon given to him by Mercier.

It was revealed during the Ombudsman’s investigation that the payment for the renewal of visa at that time was only P3,030 as admitted by a collection officer from the BI.

“Corruption, as an element of grave misconduct, consists in the act of an official or fiduciary person who unlawfully and wrongfully uses his station or character to procure some benefit for himself...contrary to duty and the rights of others,” the Ombudsman said in its resolution.

The Ombudsman refused to heed on Abellon’s plea for leniency on the account of his 40 years of government service. The Ombudsman maintained that “dismissal from the service is an indivisible penalty which is imposable even on the first offense.”

Aside from the dismissal, Abellon was also meted out the accessory penalties of cancellation of civil service eligibility, forfeiture of retirement benefits, and perpetual disqualification from holding public office.

The Office of the Ombudsman directed the Immigration Regional Director to implement the dismissal order. — Elizabeth Marcelo/BM, GMA News