AN immigration officer was meted a three-month suspension by the Ombudsman-Visayas for refusing to receive an official communication from the National Bureau of Investigation (NBI) on the arrest of two Koreans.
Casimiro Madarang III, Bureau of Immigration (BI) Cebu alien control officer, was found guilty of simple misconduct and was ordered suspended without pay.
The anti-graft office directed the BI commissioner to enforce the penalty and to immediately submit its compliance report.
In his decision, graft investigation and prosecution officer Darious Sagadal found sufficient evidence to prove that Madarang violated the law.
“There was no rational reason why Madarang should refuse to receive the official communication. His refusal to accept it is a violation of a standard behavior for government employees,” said Sagadal whose ruling was approved by Deputy Ombudsman for the Visayas Paul Elmer Clemente.
Former NBI-7 Asst. Director Augusto Isidoro filed a complaint against Madarang at the Ombudsman Visayas last year for refusing to take custody of Goo Jonghoi and Kim Sang Yeon.
The two Koreans were arrested last year for selling used clothes in two separate operations.
They also lacked travel documents and had to be turned over to the custody of the BI.
In response to the case filed by the NBI, Madarang submitted a pleading to the Ombudsman, saying he refused to take custody of the two Koreans because the agents did not coordinate with them in conducting the operations.
Without prior coordination, he said the BI cannot accept the turnover of arrested foreigners as stated in BI’s Operation Order No. SBM-2014-046.
The Ombudsman-Visayas agreed with Madarang on this matter, but said the immigration officer should have at least received the official communication sent by the NBI.
“His claim that the wordings therein would make it appear that he accepted custody of the foreigners is untenable. He could have easily made a note in the receiving copy of the communication that the BI did not take custody of the foreigners,” Sagadal said.
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