RETIRED police general Eliseo dela Paz, former comptroller of the Philippine National Police (PNP), must pay the full P200,000 fine imposed upon him by the Sandiganbayan Fourth Division after his conviction last October 7 for violation of Bangko Sentral ng Pilipinas (BSP) Circular No. 507 in relation to RA No. 7653 or the New Central Bank Act.
In a resolution dated November 2, 2022, the anti-graft court denied Dela Paz’s Application for Probation as it upheld the prosecution’s stand that while the Probation Law also applies to a sentence that only involves the payment of a fine, the applicant must first be subjected to a penalty of imprisonment.
For the convicted former police official to qualify under such provision, prosecutors said he must first be declared insolvent or having no capability to pay the fine imposed as required under Article 39 or the Revised Penal Code.
The court earlier found Dela Paz guilty of failing to declare that he was carrying 105,000 euros, which was revealed after he and his wife Ma. Fe were detained by Russian authorities at the Sheremetyevo International Airport in Moscow on October 11, 2008.
The Bangko Sentral allows only a maximum of $10,000 or an equivalent amount in other currencies. It was enforced to prevent money laundering or terrorist financing activities as provided under the Anti-Money Laundering Act.
In his defense, Dela Paz said out of the amount found on him and his wife, only $20,000 belonged to them as personal funds. He explained that as PNP comptroller, he had custody of 105,000 euros that came from the PNP Intelligence Fund and was intended for use in the procurement of intelligence equipment.
He said that at the time the money was found, he was part of the PNP’s eight-man delegation to the Interpol Assembly held in St. Petersburg, Russia.
The police official said that on their way out of the country, he distributed the amount to other PNP officers in the delegation to ensure that the BSP limit will not be exceeded.
The court however found his defense self-serving and unsupported by any evidence.
Although the criminal offense is punishable by imprisonment of two to 10 years or a fine of P50,000 to P200,000, the Sandiganbayan only imposed the fine in the maximum amount against Dela Paz.
In rejecting the defendant’s application for probation, the court said Dela Paz does not qualify for probation since he was not meted a jail term and has not shown that he is incapable of paying the fine.
“Clearly, accused Eliseo dela Paz has not shown his inability to pay and settle the penalty imposed by this Court and has not established the fact of his insolvency to allow subsidiary imprisonment to set in,” the court pointed out.
