Former brgy treasurer guilty of malversation

CEBU, Philippines - For failure to account nearly P11,000 cash, a former barangay treasurer of Calamba, Cebu City was found by the court guilty of criminal case of two counts of violation of Article 218 of the Revised Penal Code.

Regional Trial Court acting presiding judge Lauro Castillo Jr. of Branch 5 said there was enough ground to hold Amparo Barrera criminally liable based on the evidence.

“Wherefore, based on her judicial admission of guilt to violating Article 218 of the Revised Penal Code, the accused is hereby found guilty beyond reasonable doubt of violating the same.  She is hereby ordered to pay a fine of P1,000,” the court decision said.

Castillo ordered Barrera to pay the fine within 15 days.

In 2011, the Office of the Ombudsman-Visayas has filed a criminal case for malversation of public funds against Barrera for her alleged failure to account P870 and P10,000 in public funds under her custody.

Graft Investigation and Prosecution Officer 1 Eleanor Tayad said the treasurer allegedly incurred shortage in her cash and account with a total of P620,025.07 consisting of P619,455.07 as the unliquidated cash advances and the amount of P870 as the undeposited cash collections.

Barrera, in her counter-affidavit, denied the charges by presenting pieces of evidence such as payrolls approved by the barangay captain with the corresponding signatures of the recipients of the alleged missing amounts and other documents.

Tayad, however, said that the documents presented by the accused were mere photocopies.

Barrera then submitted the original copies but failed to present evidence liquidating the check in the amount of P10,000 issued on April 12, 2007, representing the cash advance for induction of officers of the Children Organization.

Tayud said that with the foregoing facts, the former barangay treasurer failed to account the said missing amounts, thereby recommending the filing of malversation of public funds against the accused before the court.

“Verily, the failure of the public officer to have duly forthcoming such public funds or property, upon demand by a duly authorized officer, shall be prima facie evidence that she has put such missing funds or property to personal use,” the resolution, penned by Tayad, reads.

During the arraignment, Barrera made a plea of guilty to a lesser offense.

“The court asked a series of questions to find out whether or not the plea of guilty was freely and voluntarily given by her. From the answers she gave to those questions asked by the court, the court is satisfied that indeed she really and voluntarily made the plea of guilty to the lesser felony of violation of Article 218 of the Revised Penal Code,” the court ruling reads. — (FREEMAN)