CA reverses DOJ dismissal of immigration officer
A former immigration officer, once commended for his work but was later charged, has been vindicated after the Court of Appeals (CA) overturned the justice department’s decision dismissing him from government service over an alleged misconduct in a human trafficking case.
More than a decade since the case began, the CA expressed hope that its resolution would put an end to the “sad chapter” of petitioner Chris Gumboc’s life after he had been barred from taking his oath as a lawyer in 2022 due to the pending administrative case at the time.
Gumboc, a Bureau of Immigration (BI) officer stationed at the Mactan-Cebu International Airport, was recognized by the Office of the President in 2013 for intercepting 10 potential human trafficking victims.
Months later, however, he was formally charged with grave misconduct, gross neglect of duty and conduct prejudicial to the best interest of the service, stemming from an incident in which two passengers—later identified as trafficking victims—were cleared for departure.
No corruption, bad faith
In a decision dated Feb. 17, the CA’s Thirteenth Division found no substantial evidence proving that Gumboc benefited from his actions or acted with corruption or bad faith.
“Even though petitioner failed to detect [the two passengers] as victims of human trafficking, it cannot be concluded, in the absence of substantial evidence, that he did so with either a corrupt or a clear willful intent as to amount to an open defiance or a flagrant disregard of the rules,” the appeals court said in a 32-page decision written by Associate Justice Mary Josephine Lazaro.
The CA ordered the BI to reinstate Gumboc to his previous position without loss of seniority rights and to pay his back salaries and benefits in full from the time of his dismissal in November 2020.
Trafficking victims
A formal charge was filed against Gumboc in 2013 after two passengers, who underwent secondary inspection with him, were later found to be trafficking victims.
The primary inspection was conducted by Maribel Villanueva, who was allegedly paid P20,000 per passenger to facilitate their departure.
The case remained inactive for four years until it was revived in 2018.
In 2020, the Department of Justice (DOJ) found Gumboc guilty and imposed the harshest penalty of dismissal from service with forfeiture of benefits and perpetual disqualification from public office.
He filed a motion for reconsideration in 2021, but the DOJ denied his appeal in 2023, prompting him to elevate the case to the CA.
Bar exam passer
Despite passing the 2022 Bar exam, Gumboc was prevented from taking his oath as a lawyer due to the unresolved case.
In absolving him of the charges, the CA ruled that Gumboc followed the existing memorandum as a guide for the secondary inspection of the two passengers.
“Albeit short, petitioner still performed his duty demanded from him. To Our mind, petitioner is not expected to be infallible so as to negate any room of mistake on his part,” the court noted.
While the CA acknowledged that he failed to detect the passengers as trafficking victims, it ruled that “this fact alone does not constitute grave misconduct as the same was not supported by any evidence that his failure to do so is tainted with corruption, willful intent to violate the law, or to disregard established rules.”
“There may be an error of judgment on the part of the petitioner, but this cannot be equated, in the absence of substantial evidence, that he did so in bad faith or with corrupt intent,” it said.
