Author Topic: Sandiganbayan convicts ex-Misamis Oriental Mayor  (Read 516 times)

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Sandiganbayan convicts ex-Misamis Oriental Mayor
« on: November 17, 2017, 03:37:20 PM »
Sandiganbayan convicts ex-Misamis Oriental Mayor for failure to liquidate cash advances
07 June 2011, source: Ombudsman Website

The Sandiganbayan convicted a former mayor in Misamis Oriental for his failure to liquidate cash advances (CAs) in 2003.

Found guilty for violation of Article 218 of the Revised Penal Code (Failure of Accountable Officer to Render Accounts) was Edgar Santos, past municipal mayor of Balingoan town.
     
Santos was sentenced to suffer a penalty of four months to one year imprisonment with all appropriate accessory penalties.

He was also ordered to pay a fine of P6, 000 and to pay the local government the amount of P20, 000.

Associate Justices Samuel R. Martires and Alex L. Quiroz both concurred with the 27-page decision penned by Third Division chairman Justice Francisco H. Villaruz, Jr.

Records revealed that Santos was granted a cash advance as mayor of the municipality of Balingoan for his travel expenses to Manila sometime in 2003 in the amount of P20, 000 but refused to render accounts in violation of Commission on Audit (COA) Circular No. 97-002 which requires “that all cash advances used for local official travels must be duly liquidated within 30 days after return to permanent official station.”

Despite demand made by the COA for such liquidation, Santos failed to render accounts for a period of two months from September 18, 2003 when he was required by law to account for the said public funds.
     
It was revealed that the liquidation statements submitted by Santos for the August 18, 2003 cash advance was for the CA of P50,000 as reflected in the disbursement voucher and not for the P20,000 cash advance.
     
The Sandiganbayan gave weight to the evidence and testimony of witnesses of the Office of the Ombudsman’s prosecution team led by Prosecutor Agnes Daquis.
     
The anti-graft court likewise stated that Santos presented an evidence that in fact bolstered the prosecution’s position that there was no liquidation for the P20,000 cash advance for his travelling expenses to Manila.
     
“Accused’s denials do not overcome the overwhelming testimonial and documentary evidence of the prosecution, which established his criminal liability. Well settled is the rule of evidence that denial of the offense is an inherently weak defense,” the ruling likewise pointed out.

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