Cebu disbursing officer found guilty of malversation

MANILA, Philippines - A former cash disbursing officer of the Cebu provincial treasurer’s office has been convicted for malversation of public funds, according to the Office of the Ombudsman in the Visayas.

In a 16-page decision, Judge Bienvenido Saniel Jr. of the Cebu Regional Trial Court Branch 20 found Buenaventura Rabuya guilty and sentenced him to at least eight years in jail.

The Office of the Ombudsman said this is Rabuya’s second conviction, as he was earlier also found guilty of malversation over a shortfall of P612,561.54.

The new ruling against Rabuya also slapped him with a fine and the accessory penalty of perpetual disqualification from public office.

Rabuya’s case arose from his shortfall of P57,505.02 from the Special Education Fund (SEF) that the Commission on Audit (COA) uncovered in December 1994.

During his trial, Rabuya claimed that the shortfall was erroneous and that there was no evidence that he used the missing funds for his personal use and benefit.

However, the Office of the Ombudsman’s Visayas Prosecution Bureau proved in court that Rabuya, as a public officer entrusted with the custody and control of public funds, failed to explain and account for his shortfall of P57,505.02.

According to the court, an accountable officer may be convicted of malversation even if there is no direct evidence of misappropriation and the only evidence is that there is a shortage in the officer’s account that he has failed to explain satisfactorily.