MANILA, Philippines - The Bureau of Internal Revenue (BIR) instructed on Monday revenue officials and employees facing suspension, or dismissal order from the Office of the Ombudsman (OMB) to immediately vacate their positions, notwithstanding their appeal or motion for reconsideration. Revenue Commissioner Kim S. Jacinto-Henares came out with Revenue Regulations 1-2011 to implement the OMB's guidelines on civil servants meting the penalties of suspension and dismissal from the service. Previously, revenue officials and employees facing penalties were still allowed to discharge their functions pending the resultsof their appeal. Henares said she issued the order to protect BIR properties from unauthorized used by personnel who had been suspended,or dismissed. "This will prevent the unlawful use by revenue personnel with administrative case of their access privileges in the bureau's information system and ensure appropriate protection of the bureau's resources," Henares said in her seven-page memorandum.
She also instructed the dismissed or suspended personnel to immediately return government properties in their possession such as vehicles and accountable equipment and properties three days after receipt of the OMB order. Ombudsman Merceditas Navarro-Gutierrez stated in a memorandum issued in 2006 that "the filing of a motion for reconsideration or a petition for review before the OMB does not operate to stay immediate implementation of its orders, decision or resolutions." "Only a temporary restraining order duly issued by the a court of competent jurisdiction stays the immediate implementation of the said OMB decisions," she added.
