SC upholds conviction of former CH execs

CEBU, Philippines - The Supreme Court of the Philippines upheld the decision of the Sandiganbayan convicting former employees of the Cebu City Government for graft.

Chief Justice Ma. Lourdes Sereno denied the petition for certiorari filed by former city administrator Alan Gaviola, former city treasurer Eustaquio Cesa and former cash division chief Benilda Bacasmas.

The Sandiganbayan on May 7, 2009 found Gaviola, Cesa, Bacasmas and former city accountant Edna Jaca guilty beyond reasonable doubt for graft or violation of Section 3(e) of Republic Act 3019.

They were sentenced to suffer the penalty of imprisonment for 12 years and one month to 15 years and perpetual disqualification from holding any public office. They were ordered to pay back the City Government the amount of P9,810,752.60.

Dissatisfied with the ruling, the accused filed a motion for reconsideration but this was denied, prompting them to appeal the case.

However, Sereno denied their petition.

“This undue inquiry was brought about by petitioners’ act of approving the cash advance vouchers of Luz Gonzales even if they lacked the requirements prescribed by law and rules and regulations, and even if Gonzales had failed to liquidate her previous cash advances, thereby clearly giving her an unwarranted benefit,” decision read.

The case stemmed from cash advances made by paymaster Gonzales and approved by Bacasmas.

Bacasmas then forwarded this to Cesa for signature and the voucher was sent to Jaca for the processing and pre-audit.

The voucher was approved by Gaviola who countersigned the check.

On May 5, 1998, a team from the Commission on Audit found an accumulated shortage of P9,810,752.60 covering the period from Sept. 20, 1995 to March 5, 1998 from the cash and accounts of Gonzales.

The audit team found out that Bacasmas, Gaviola, Cesa and Jaca failed to follow the procedures, thus facilitating the loss of more than P9 million on the part of the City Government.

Bacasmas and Cesa denied the charges. The two said they cannot be held liable considering it was not their responsibility to examine the cash book.

They pointed to Jaca and the city auditor as responsible for determining whether the paymaster had existing unliquidated cash advances.

Jaca admitted granting the cash advances. Though there were no liquidations, she said she granted the cash advances made by Gonzales in order to release the salaries on time.

For his part, Gaviola denied knowing the anomaly of Gonzales.

He said he only affixed his signature on the basis of the signature of Cesa and Jeca.

Sereno, in her 18-page decision, found lapses on the part of the petitioners that led to the City’s loss of P9.8 million.

“No less than the Constitution declared that public office is a public trust. Petitioners, by intentionally approving deficient cash advance vouchers, have manifestly failed to live up to this constitutional standard,” the decision read. — /JPM (FREEMAN)