G.R. No. 164250 - OFFICE OF THE OMBUDSMAN AND DENNIS M. VILLA-IGNACIO, IN HIS CAPACITY AS SPECIAL PROSECUTOR, OFFICE OF THE OMBUDSMAN, VS. ATTY. GIL A. VALERA AND COURT OF APPEALS (SPECIAL FIRST DIVISION). D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, pursuant to Sec. 24 of R.A. No. 6770, otherwise known as the Ombudsman Act of 1989, in relation to Sec. 9, Rule III of Administrative Order No. 7, respondent ATTY. GIL A. VALERA, Deputy Commissioner, Office of the Collection and Monitoring Group, Bureau of Customs, is hereby placed under preventive suspension for SIX (6) MONTHS WITHOUT PAY. Pursuant to Sec. 27(1) of R.A. No. 6770, this Order of Preventive Suspension is deemed immediately effective and executory. The Honorable Commissioner Antonio M. Bernard, Bureau of Customs, is hereby directed to implement the Order immediately upon receipt hereof and to promptly inform this Office of compliance herewith. Respondent Atty. Gil A. Valera, Deputy Commissioner, Office of the Collection and Monitoring Group, Bureau of Customs, is hereby ordered to file his counter-affidavit and other controverting evidence to the complaint, copy of which together with the annexes, is hereto attached, within ten (10) days from receipt hereof in three (3) legible copies addressed to the Central Records Division, Office of the Ombudsman, Ombudsman Building, Agham Road, Government Center, North Triangle, Diliman, Quezon City, furnishing the complainant with a copy of said counter-affidavit. Further, respondent is also ordered to submit proof of service of his counter-affidavit to the complaint, who may file its reply thereto within a period of ten (10) days from receipt of the same. Failure to comply as herein directed within the period prescribed by the rules shall be deemed as a waiver of the right to submit the partys counter-affidavit or reply, nonetheless, despite said non-filing, the investigation shall proceed pursuant to existing rules. This Order is being issued by the undersigned in view of the inhibition of the Honorable Tanodbayan Simeon Marcelo from his case as contained in a Memorandum dated 12 November 2003. SO ORDERED.