Lawyer-accountant Arnel Bernardo said Ombudsman Simeon Marcelo "gravely erred" when he based the administrative sanction against him on his declared assets vis-a-vis his lawful income because he has business ventures from which his family derives income on top of his salary.
He said investigators who handled his case either "overlooked" or "completely disregarded" the "audited financial statements, withholding tax returns and income tax returns" which he submitted as proof that his assets worth P20.9 million were not ill-gotten.
"I’m paying more than P200,000 in taxes every year, excluding value-added tax," Bernardo told The STAR. "I was amazed why the Ombudsman took a special interest in my case considering that I do not occupy any position of importance."
Bernardo emphasized that his family does not just depend on his BIR salary for subsistence but that they have businesses like the two lottery stations — in Sta. Mesa and in San Francisco Del Monte in Quezon City.
"We also own the Rina’s Boutique on Laong Laan in Sampaloc and Jel’s Gift Center near UST. We have a 12-door apartment in Manila and several boarding houses where we get rental income," the 46-year-old BIR employee divulged.
As to the travel of his family from 1995 to 1997, Bernardo said they have the means or the "cash position" for the undertaking and that he has two doctor-sisters in the US.
He disclosed that when his first child was about to be born in 1985, he realized that he and his wife’s income from employment were not sufficient to support the expenses of a growing family, so they decided to venture into business.
"Through years of hard work and a frugal lifestyle, we were lucky that we were able to earn enough to have some profitable investments. I believe there is no substitute for hard work and perseverance as what I have learned from my father, a son of a farmer who became a lawyer," Bernardo said.
Bernardo was the second official to be dismissed from government service after DPWH Undersecretary Salvador Pleyto, who also denied the charges and said he has several businesses to support his lifestyle.
Bernardo and Pleyto were both found guilty of dishonesty and grave misconduct, mainly on the grounds that they concealed some of their properties. Probers also did not just take into consideration the documents they submitted to the Ombudsman.
Bernardo said he will file a motion for reconsideration soon.