SC Says Bayad Lang Is Not Enough as Ex-Agusan Mayor’s Conviction Stands

The Supreme Court has affirmed the conviction of former Remedios T. Romualdez mayor Teresita Soliva over missing municipal funds, keeping in place the Sandiganbayan ruling that found her guilty of malversation and failure to render accounts. Rappler reported that the case centered on cash advances from local development funds that she failed to liquidate.

In its ruling, the High Court said malversation can be established even without direct proof of personal use if a public officer cannot satisfactorily explain missing public money. The justices said Soliva failed to overturn that legal presumption after repeated demands for an accounting went unanswered and no supporting defense evidence was presented.

The Court also made it clear that partial repayment does not wipe out criminal liability. Kahit may nabayaran later on, the offense was already considered complete once the funds were not properly accounted for after she was required to do so.

Aside from the malversation conviction, Soliva was also held liable for 10 counts of failure to render accounts. The penalties include up to six years in prison for malversation, a P551,000 fine, perpetual disqualification from public office, plus separate jail terms and fines for each count involving the accounting violations.

The case traces back to Soliva’s term as mayor from 2001 to 2007, when she received cash advances for confidential and intelligence funds, travel, and peace and order expenses. The Supreme Court said her later attempt to point to deductions and supposed new evidence was not enough, especially since the records showed she had multiple chances to defend herself but failed to fully do so.

Source: Rappler — https://www.rappler.com/philippines/mindanao/supreme-court-decision-malversation-conviction-former-agusan-del-norte-mayor/