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Customs chief Guerrero, four others face raps over alleged usurpation of authority


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Customs Commissioner Rey Leonardo Guerrero and four other Customs officials have been sued for usurpation of authority as well as violation of civil service and anti-graft laws before the Ombudsman.

This developed after Joana Marie Gonzales of the Transparency in Public Service accused Guerrero of having the officials perform duties from November 2018 to May 2019 even if they were yet to be appointed by President Rodrigo Duterte.

It was alleged that the appointment papers of Deputy Commissioner for Intelligence Raniel Ramiro, Risk Management Office chief George Patrick Avila, Deputy Commissioner for Internal Administration Donato San Juan, and Guerrero's chief of staff Teodoro Jumamil came out only in May 2019.

“They are illegally discharging their functions. By the nature of their positions, they can only be discharged with a valid presidential appointment," the counsel for the complainant Christian Del Rosario told reporters.

"In the intervening period, wala silang karapatang mag discharge ng functions,” he added.

Del Rosario said the four officials have no authority over the organic Customs employees with Duterte's appointment.

“This move is in violation of civil service regulations and as such, they are liable for usurpation and violation of Anti-Graft and Corrupt Practices Act. Guerrero is supposed to uphold the law, but he is breaking the law,” Del Rosario said.

Del Rosario said that the complainant was not accusing the BOC of any corruption incident arising from such illegal assumption of post.

“We are just focusing on their illegal appointment,” Del Rosario said.

Sought for comment, Guerrero said, "We have yet to receive a copy of the complaint. We will answer the complaint and disprove the allegations in the proper forum."

Duterte said in his fourth State of the Nation Address said the BOC had a problem with corruption.

Guerrero was appointed commissioner in October 2018. —NB, GMA News