Cagayan de Oro businessmen tells Gandarosa to let go of post

December 5, 2008

By Lizanilla J. Amarga

The takeover of the second-in-command official of the Bureau of Internal Revenue District 16 (BIR-16) is legal and should be respected by everyone including BIR-16 director Mustapha Gandarosa, local businessmen said yesterday.

Coalition of Chambers of Commerce and Industry in Northern Mindanao spokesperson Atty. Oscar Musni said they have just received documents including Revenue Transfer Assignment Order (RTAO) No. 221 which orders the assumption of BIR-16 assistant regional director Alberto Olasiman to replace Gandarosa as the highest tax collector in the region.

He said the RTAO No. 221 is signed by Internal Revenue Commissioner Sixto Esquivas IV who is not enjoined by the Regional Trial Court of Tubod, Lanao del Norte to issue any order or directive.

Musni said there is no present legal impediment barring the implementation of Esquivas’ order transferring control of BIR-16 from Gandarosa to Olasiman.

“Thus, the assumption of Olasiman is viewed as obedience to a lawful or legal order and Dir. Gandarosa, by virtue of the new RTAO 221, is effectively relieved from office,” he told Gold Star Daily.

This paper tried to contact Gandarosa’s two mobile phone numbers to get his side on the issue but there was no response on his end.

Last Oct. 21, the local businessman formed the Coalition of Chambers of Commerce and Industry in Northern Mindanao and staged a “Sara Protesta” calling for Gandarosa to step down.

Days after the protest, Finance Sec. Margarito Teves and BIR Commissioner Lilian Hefti issued an order to transfer Gandarosa to Manila as the new chief of staff for special concerns.

Gandarosa filed a preliminary injunction against the Teves-Hefti order and was able to acquire a temporary restraining order from the RTC-Tubod, Lanao del Norte.

Meanwhile, a BIR-16 employee who requested anonymity for fear of reprisal disclosed that Olasiman has posted an order last Wednesday barring Gandarosa and the casual workers who were hired by the latter and those whose identification cards were not duly issued by BIR-Manila.

But around 3:30 p.m. that day, Gandarosa tore down Olasiman’s order posted at the entrance of the BIR-16 office at Bulua this city.

“Dili naman gubot parehas kagahapon pero ma-feel nimo nga dunay tension ug faction-faction diri sa sulod,” his text message reads.

He added that the faction is between Gandarosa’s supporters and that of Olasiman’s who are also supported by the group of BIR-Cagayan de oro city revenue collector Ester Palala.

Palala was earlier charged by Gandarosa for violating the Anti-Graft and Corruption Act saying that there is an affidavit filed against Palala for soliciting money from a local businessman. Also, Gandarosa blames Palala as the one orchestrating his ouster.

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