CEBU, Philippines - The anti-graft office has recommended the filing of a criminal case for malversation of public funds against the former barangay treasurer of Kamputhaw, Cebu City for allegedly misappropriating more than half a million pesos.
Graft investigation and prosecution officer II Mona Chica Cabanes-Gillamac found sufficient ground to hold Ma. Rosario Palma for trial.
“Probable cause exists against Palma but not against Basamot. It is thus Palma, not Basamot, who is considered as an accountable public officer under Article 217 of the Revised Penal Code. Admittedly, the shortage pertains to barangay collections which are clearly Palma’s responsibility in terms of custody and accountability,” read the resolution.
The Public Assistance and Corruption Prevention Office (PACPO) of the Office of the Ombudsman-Visayas and Rodnie Ray Tumulak, a resident of Kamputhaw earlier filed a complaint for malversation of public funds against Palma and former barangay captain of Kamputhaw, Lorenzo Basamot.
PACPO alleged that Palma had incurred a cash shortage amounting to P534,503.24.
On January 31, 2011, the Commission on Audit (COA) issued a demand letter against Palma requiring her to immediately produce her cash shortage.
Instead of producing the shortage, Palma allegedly wrote the COA on February 2, 2011 alleging that she used the barangay collection for various purposes of the barangay and noted that Basamot knew of the use of the money.
Basamot, in his counter-affidavit, denied that he allowed Palma to use the barangay collections for various purposes, such as to buy groceries for wakes, snacks for meetings, food for cleanup drives, gasoline for vehicles, cash advances, payment for repairs and others.
He alleged he even called for an investigation against Palma after their honoraria were held due to discrepancy.
Basamot added they even filed a complaint against Palma before the Office of the Ombudsman.
Basamot said he cannot be charged for conspiring with Palma and claims that there was no truth to the allegation of Palma that he forced her to use the barangay collections to buy food and for others expenses.
With the foregoing facts, Gillamac held Palma for trial and dismissed the complaint filed against Basamot.
She said Basamot cannot be held liable because he does not receive public funds in the course of the performance of his duties with which he was bound to account. — Mylen P. Manto/ATO (FREEMAN)