On 18 March 2013, the Bureau of Immigration (BI) decided two administrative cases against two of its employees in connection with the departure of former Palawan Governor Mario Joel T. Reyes and his brother, former Coron Mayor Mario T. Reyes, from the Philippines, despite their implication as masterminds in the killing of journalist Gerardo "Gerry" Ortega.
The BI found ROGELIO F. UIDARBE, JR., Administrative Aide III liable for Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service pursuant to Section 46 A 3 and B 8, Rule 10 of the Revised Rules on Administrative Cases in the Civil Service, and was meted the penalty of DISMISSAL FROM THE SERVICE WITH ALL ITS ACCESORY PENALTIES. Commissioner Ricardo A. David, Jr. held that Udarbe's retirement benefits, except accrued leave credits were forfeited; his civil service eligibility was cancelled; he was perpetually disqualified from holding public office; and was barred from taking civil service examinations.
The Bureau found that there is substantial evidence to hold Udarbe liable for the administrative charges based on the following findings which were established after the concerned parties and their witnesses were heard: that Udarbe facilitated the departure for Vietnam of the Reyes brothers on 18 March 2012; he actively participated in ensuring that the departure of the Reyes brothers from the country would not be detected by providing the vehicle which transported Atty. Hermie Aban and the Reyes brothers to the NAIA Terminal 3; he received money in consideration of his participation in the escape; and he gave Arsenio Sicad ten thousand pesos (Php10,000.00) so that the latter would not tell anyone about what transpired.
The BI also decided Administrative Case No. 2012-184 against Respondent WESLEY L. GUTIERREZ, Security Guard I, for Grave Misconduct, Gross Neglect of Duty, and Conduct Prejudicial to the Best Interest of the Service.
Records show that on 18 March 2012, during the effectivity of the Look-out Bulletin, Gutierrez, Acting Immigration Officer, cleared for departure the tampered ePassport No. EB4621556, under the name of Joseph Lim Pe, with a picture bearing an image of the fugitive Reyes.
Gutierrez was found liable for Gross Neglect of Duty because he failed to exercise due care and prudence in ascertaining the authenticity and validity of Philippine passport No. EB4621556. The Bureau found that the act of negligence by Gutierrez in allowing the departure of Reyes despite the issuance of a Look-out Bulletin against him, and presentation of a tampered passport, and the admission made by him during his testimony, has diminished the faith of the public in the Bureau and is tantamount to Conduct Prejudicial to the Best Interest of the Service. Accordingly, he was meted the penalty of DISMISSAL FROM THE SERVICE WITH ALL ITS ACCESSORY PENALTIES. Commissioner David, Jr. held that Gutierrez's retirement benefits, except accrued leave credits were forfeited; his civil service eligibility was cancelled; he was perpetually disqualified for re- employment in any branch of the government or any of its agencies or instrumentalities, including government-owned and controlled corporations; and was barred from taking civil service examinations.
