SC affirms conviction of former Agusan del Norte mayor for malversation

The Supreme Court (SC) upheld the conviction of the former Mayor of the Municipality of Remedios Romualdez in Agusan del Norte, Teresita Soliva,  for malversation for her failure to liquidate cash advances from municipal development funds.

Associate Justice Samuel Gaerlan of the SC’s Third Division affirmed the Sandiganbayan’s ruling finding her guilty of violating Articles 217 and 218 of the Revised Penal Code (RPC).

According to a news release of the Office of the Spokesperson of the Supreme Court, Soliva, who served as municipal mayor from 2001 to 2007, received cash advances for confidential and intelligence funds, travel, as well as peace and order expenses.

The municipal accountant and the Commission on Audit sent her demand letters requiring her to liquidate or return cash advances totaling over P900,000, the court said.

However, she failed to comply. Although she made partial payments through payroll deductions, documents supported only P551,000 of the remaining amount.

"Soliva was sentenced to up to six years in prison, fined PHP 551,000, and perpetually barred from holding public office."

"For each of the 10 counts of failure to render accounts, she was sentenced to up to six months in prison and fined P40,000," the court added.

LACK OF EVIDENCE

The SC said Soliva claimed that payroll deductions had already refunded the amounts "but she did not submit evidence to support this claim and did not appear during the hearings."

"Due to her continued failure to liquidate the amounts despite repeated demands, she was charged before the Sandiganbayan for malversation and failure to render accounts in violation of Articles 217 and 218 of the RPC," the SC said.

The Sandiganbayan earlier found Soliva guilty and denied her request for a new trial to submit alleged newly discovered evidence.

The SC, upholding Soliva's conviction, emphasized that "malversation under Article 217 of the RPC is committed once an accountable officer entrusted with public funds misuses them and cannot satisfactorily explain why they are missing."

"Even if there is no direct proof of misuse, it is enough to show there is a shortage in the accounts that the officer cannot explain," the SC noted.

The high court said in such cases, the law presumes the funds were used for personal gain unless the officer can proven otherwise.

The SC also clarified that partial repayment does not erase criminal liability for malversation.

"Even if Soliva made some payments, the crime was already completed when she failed to account for the funds after being required to do so," the high court explained.

Payment may affect civil liability or reduce the penalty but it does not remove criminal responsibility.

REQUIRED ACCOUNTING

Meanwhile, the SC also affirmed her conviction for failure to render accounts under Article 218 of the RPC, explaining that the offense occurs once an accountable officer fails to submit the required accounting on time.

The SC also agreed with the Sandiganbayan that there was no basis to grant a new trial.

-Paraluman News