By Benjamin Pulta
MANILA – The Supreme Court (SC) on Thursday said it has affirmed the Sandiganbayan’s conviction of a former mayor of an Agusan del Norte town for failing to liquidate PHP900,000 in public funds.
In a statement, the High Court said it upheld the conviction of Teresita J. Soliva, who served as mayor of the Municipality of Remedios T. Romualdez in Agusan del Norte from 2001 to 2007.
During her term, she received several cash advances for confidential and intelligence funds, travel and 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 PHP900,000. She, however, failed to comply.
Although she made partial payments through payroll deductions, only PHP551,000 of the remaining amount was supported by documents.
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 Revised Penal Code.
While the case was pending, Soliva claimed the amounts had already been refunded through payroll deductions, but she did not submit evidence to support this claim and did not appear at the hearings.
The Sandiganbayan found her guilty and denied her request for a new trial to submit alleged newly discovered evidence.
In upholding her conviction, the SC emphasized that malversation under Article 217 of the Revised Penal Code is committed when an accountable officer entrusted with public funds misuses them and cannot satisfactorily explain their disappearance.
“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. In such cases, the law presumes the funds were used for personal gain unless the officer can prove otherwise,” the court said. (PNA)
