Zamboanga Sur mayor sued for malversation

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By Rhealyn C. Pojas

A MAYOR in Zamboanga del Sur province is facing multiple charges after the Office of the Ombudsman found probable cause to charge him for malversation of public funds.

Charged for violation of Article 217 of the Revised Penal Code (RPC), Section 3 (e) of Republic Act 3019 and 30 counts of violation of Article 218 of the RPC is Dinas, Zamboanga del Sur Mayor Wilfredo Remulta Asoy.

The charges filed against respondent Asoy stemmed from the complaints of the members of the Municapal Council in Dinas who alleged that the respondent conspired with the municipal treasurer in misappropriating collections worth P3,714,096.30 and made it appear that the funds were irregularly deposited and that he failed to liquidate his cash advances, among others.

Respondent Asoy denied the allegations that he conspired with the treasurer and stated that he cannot be accused of misappropriating the collections because his function as a Mayor had nothing to do with the fund collections. He asserted that while he may have lapses in liquidating his cash advances, he had supporting documents which will prove the legitimacy of the expenses for which the cash advances were obtained.

In a 13-page resolution, Graft Investigation and Prosecution Officer 1 Nelson Edralin resolved that though the Commission on Audit (COA) report does not showed that the respondent conspired with the Municipal Treasurer to misappropriate public funds, there is a probable cause to charge the respondent for malversation of public funds worth over P2 million, representing his unliquidated cash advances still worth over P2 million, and for his less liquidated cash advances worth P59,915.90.

The resolution also revealed that the COA report showed that the cash advances which the respondent failed to liquidate were done between 2003 and 2009 and that it was never liquidated.

"It is clear that respondent is required by law and has failed to render account on his cash advances within the specified period. [The] records on the case indicate that he failed to render account on 30 of his cash advances," the resolution reads.

For allegedly misappropriating his unliquidated cash advances, the OMB will also charge the respondent for violation of Section 3(e) of RA 3019 and another charged for violation of Article 218 of the RPC for his failure to render his accounts.