MANILA - Bureau of Customs (BOC) Commissioner Rey Leonardo Guerrero and several other officials of the agency are facing usurpation and graft complaints before the Office of the Ombudsman for the alleged "illegal designation" of employees.

In the complaint filed by corruption watchdog Transparency in Public Service assisted by lawyer Joseph Christian Del Rosario, Guerrero’s appointees allegedly started working at the BOC even before their appointment papers came out.

“In the instant case, conspiracy is evident from the coordinated movements of respondents,” the complaint read.

According to Del Rosario, Guerrero's chief of staff Teodoro Jumamil, Acting Deputy Commissioners Raniel Ty Ramiro and Donato San Juan, and Risk Management Office Chief George Patrick Avila began their official functions in November 2018 but their appointment papers only came out after the May 2019 elections.

“During the intervening period ibig sabihin wala silang appointment at wala silang karapatan na i-discharge yung mga appointments nila,” Del Rosario said.

(During the intervening period it means they had no appointment papers so they had no right to discharge their appointments.)

Aside from usurpation, the respondents also face graft complaints as the “illegal designation” of the officials were done apparently with manifest partiality causing undue injury to the government.

The respondents also supposedly violated Civil Service Commission rules.

“As early as 1985, the Civil Service Commission has prohibited the practice of appointing consultants, contractuals and other non-career personnel to positions exercising control or supervision over regular employees, such as officer-in-charge, executive directors or the like,” Gonzales said.

The group said the Ombudsman should file appropriate criminal and administrative charges as well order their preventive suspension.