AN official of the Bases Conversion and Development Authority (BCDA) has been sued for usurpation of authority as well as violation of anti-graft law before the Presidential Anti-Corruption Commission (PACC).
This developed after lawyer Raymund Palad accused Aileen Anunciacion Zosa of holding the position, and performing the functions of BCDA’s executive vice president “without any legal appointment.”
“She (Zosa) continues to receive salaries, benefits and emoluments, to the damage and prejudice of the government, the BCDA in particular,” Palad said in the complaint he filed before the PACC on September 10.
Currently, Zosa is performing functions as alleged “executive vice president” of the BCDA “but the position of the Office of the Executive Vice President has long been abolished sometime in February 2016,” he added.
Palad said the abolition of Zosa’s supposed office was part of the BCDA Restructuring Plan, which was approved by the Governance Commission for Government-Owned and -Controlled Corporations.
“Despite the abolition of the Office of the Executive Vice President previously held by Ms. Zosa, she continues to receive annually salaries and benefits amounting to P5 million, and from 2016 to the present, the same would amount to roughly P15 million paid by BCDA to Ms. Zosa,” he said.
“Ms. Zosa is therefore liable for Usurpation of Office,” Palad added, referring to Article 177 of the Revised Penal Code.
According to the law, “any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine government or of any foreign government, or who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine government or any foreign government, or any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods.”
Palad also said that Zosa “unlawfully assumed” the duties and functions of the Office of the Executive Vice President starting February 2016.
“Despite her knowledge that her position has already been abolished and that she is due for early retirement, she continued receiving salaries, benefits, emoluments from BCDA as executive vice president and chief operating officer which amounted to dishonesties and thus, Ms. Zosa should be meted the penalty of dismissal from service with perpetual disqualification from holding public service,” Palad said.
“The acts of Ms. Zosa of receiving salaries, benefits without any legal authority to do so also amounted to dishonesty, grave abuse of authority, and conduct of prejudicial to the best interest of the public, fraud against government and conduct unbecoming a public officer,” he added.
Palad said Zosa should also be investigated for possible violation of the provision of Republic Act 3019 or the Anti-Graft and Corrupt Practices, particularly Section 3 (e) for receiving salaries without any appointment.
The law declares that it is unlawful to cause “any undue injury to any party, including the government, or giving any private party and unwarranted benefits, advantage, or preference in the discharge of official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence,” he added. CATHERINE S. VALENTE