SC reverses decision finding Resorts World gunman guilty of dishonesty

Years after his death, the Supreme Court has reversed a decision that found Jessie Javier Carlos — the lone gunman in the Resorts World tragedy in 2017 — guilty of dishonesty over alleged mistakes in his Statement of Assets, Liabilities, and Net Worth when he was still a government employee.

In a 16-page decision promulgated on April 18, the Supreme Court en banc reversed and set aside the October 2015 decision of the Court of Appeals after it found that the government failed to comply with procedures under Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.

The Court also set aside the penalty of dismissal from service, with accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for reemployment imposed against Carlos.

“In making the clarifications in this present case, this Court is not, in any way, tolerating the concealment of ill-gotten wealth,” the SC said.

“Strict compliance with Section 10 of Republic Act No. 6713 precisely allows the government to weed out simple, correctible errors from actually deliberate, sinister attempts to conceal ill-gotten wealth,” it later added.

Carlos was a former tax specialist at the Department of Finance (DOF) — One-Stop Shop Tax Credit and Duty Drawback Center on a contractual basis.

The Office of the Ombudsman found him guilty of grave misconduct and gross neglect of duty in 2012 for failing to disclose several assets. In 2015, the CA granted in part his petition and found him guilty of dishonesty.

Carlos, however, argued that he was not given the opportunity to correct his alleged omissions or mistakes.

For its part, the Supreme Court said Carlos cannot be held liable for omissions or errors in his SALNs because the government failed to comply with the review and compliance procedure under RA 6713 and he was not given the opportunity to correct his SALN.

“The foregoing review and compliance mechanism is mandatory. Without compliance with it, liability for failure to file, or for omissions or errors in SALNs will not attach,” the SC said.

“The reporting individual cannot be subjected to disciplinary action without being informed of their errors or omissions, and also being afforded an opportunity to comply,” it added.

The attack at the Resorts World Manila in 2017 led to the deaths of more than 30 individuals and injured 54 others. Carlos' family asked for forgiveness from the victims.

The Philippine Amusement and Gaming Corporation (PAGCOR) banned Carlos, who has gambling-related problems,  from all casinos upon the request of his family.

Carlos took his own life following the attack.—AOL, GMA Integrated News