Clerk of court gets 10 years for malversation

MANILA, Philippines — A clerk of court in Guiguinto, Bulacan has been sentenced to 10 years in prison for failing to account for missing judicial funds amounting to P1.4 million.

In a 20-page decision promulgated on Sept. 13, the Sandiganbayan’s Sixth Division upheld a ruling of the Malolos Regional Trial Court (RTC) Branch 20, which found Erlinda Cabrera guilty of malversation of public funds as provided under Article 217 of the Revised Penal Code.

The anti-graft court modified Cabrera’s sentence to six to 10 years in prison from the original six to 12 years, noting she voluntary surrendered in 2010.

The Sixth Division retained the accessory penalty of perpetual disqualification from holding public office imposed by the Malolos RTC against the accused.

Cabrera was ordered to pay a fine of P1.39 million, equivalent to the amount of public funds found malversed.

The amount is on top of another P1.39 million that Cabrera must restitute to the Supreme Court, with corresponding interest of six percent per year from the finality of the judgment until fully paid.

The anti-graft court said Cabrera failed to overturn the judicial presumption that she misappropriated the funds of the Guiguinto Municipal Trial Court.

The Sandiganbayan said aside from denying the charges, Cabrera did not present any proof to rebut the presumption of malversation.

The case stemmed from a complaint filed by the Office of the Supreme Court Administrator against Cabrera before the Office of the Ombudsman.

Based on the charge sheet, Cabrera failed to account for a total of P1,385,872.85 representing fees and other collections of the Guiguinto MTC in June and July 2004.

The ombudsman said Cabrera failed to account for the missing funds despite repeated demands by the Commission on Audit and the SC court administrator.

“Cabrera did not offer any explanation for the shortage. She admitted that she incurred a delay in the remittance of her collection and committed to exert efforts to remit the same. In doing so, she admitted responsibility for the missing funds,” the Sixth Division said.