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Retired Military Office Convicted

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MikeLigalig.com:
Retired Army Colonel convicted for SALN violation
11 June 2013, press release Ombudsman

THE Sandiganbayan convicted a retired military officer for violating Republic Act (RA) No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) for not declaring in his Statement of Assets, Liabilities and Net Worth (SALN) his business and financial interest as vice-president of a security agency for the calendar year 1996.

In a 39-page Decision, the Court’s Fourth Division found Retired Army Col. Ceferino Leyritana Layao guilty of violating Section 8(a) in relation to Section 11 of RA 6713, and sentenced him to: (a) suffer a straight penalty of imprisonment for one year; (b) pay a fine of P5,000; (c) disqualification from holding public office; and (d) pay the costs.

It was found that while Layao was commissioned as a military officer, he also acted as vice president of Holy Spirit Security Corporation.

However, Layao did not disclose his business and financial interest as an official of the security firm, a corporation duly registered with the Securities and Exchange Commission, in his SALN for the calendar year 1996 for which position he earned a monthly income of P9,000.

During trial, the Ombudsman’s Office of the Special Prosecutor (OSP) presented evidence on Layao’s initial registration with the Social Security System (SSS) on April 5, 1978 when he was assigned an SSS Number, the same number reflected in the remittances made by Holy Spirit for him during the months of August to December 1996.

In the Decision penned by Associate Justice Gregory Ong and concurred in by Associate Justices Jose Hernandez and Maria Cristina Cornejo, the Court held that the prosecution was able to establish Layao’s employment with the security firm through the SSS documents.

The Court found “ample evidence and therefore concludes that accused Layao’s employment and status as [Holy Spirit’s] Vice President for Administration [from August 1996 up to December 1996] was clearly established.”

Meanwhile, the Court acquitted Layao on four other similar charges for lack of evidence regarding Layao’s link to the corporation for the years 1997, 1998, 1999 and 2000.

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