Airport customs examiner to face qualified theft rap

The anti-graft office denies the motion of reconsideration filed by Albert Barliso, who is accused of stealing 159,000 Yen from a Japanese national in 2015

In his motion, Barliso, who claimed he has an untainted record, argued that he took the Japanese national's money merely for "physical counting" and not to pocket it and added that the ombudsman's findings are not supported by substancial evidence The Office of the Ombudsman-Visayas has affirmed its resolution indicting a customs examiner at the Mactan-Cebu International Airport, who is accused of stealing 159,000 Yen from a Japanese lawyer in April in 2015.

Graft Investigator Eleanor Tayad-de Mira denied the motion for reconsideration filed by Albert Barliso, who will be charged with qualified theft before the Regional Trial Court in Cebu City.

“All other allegations of respondent in the motion for reconsideration are rehash of what he had been contending in his counter-affidavit and other pleadings and which have already been substantially passed upon by the office,” the ombudsman's order read.

The case stemmed from the complaints of grave misconduct, robbery with extortion and violation of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, filed against Barliso before the anti-graft office.

Agents of the National Bureau of Investigation said Barliso stole the money from Yasumasa Takahashi.

On April 4, 2015 at 6:40 p.m., Barliso allegedly accosted Takahashi in the airport after the latter was reportedly carrying too much money.

Philippine law does not allow anyone to bring more than US$10,000 into the country.

Takahashi, who is also a businessman, was carrying 1,159,000 yen or more than US$9,000.

The foreigner, who knows the rule of the Anti-Money Laundering Council (AMLC), told Barliso he did not violate the AMLC provision, but the latter allegedly took 159,000 yen.

Barliso then brought the foreigner to a secluded area in his office. Barliso was wearing an identification card, but it was covered by his jacket.

Takashi called an interpreter, but the customs examiner refused to talk. Barliso did not issue any receipt or document that Takashi violated AMLC provision.

Replying to the charges, Barliso denied stealing from Takashi. He said he has an untainted record in the community and as a government employee.

In his motion, Barliso argued that he took the Japanese's money merely for “physical counting” and not to pocket it. He also said that the ombudsman's findings are not supported by substantial evidence.

In the order, de Mira found no error that would warrant reversing Barliso’s indictment.

In the present case, the evidence of the complainant is more than sufficient to constitute probable cause to file the cases for qualified theft and violation of the anti-graft law.