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Ex-Benguet Mayor And Municipal Treasurer Serve 18 Years In Prison For Malversation Of Public Funds

There is only a thin line that separates genuine public servants from those who are just putting up a front. Some would resort to extreme measures just to win a seat in the public office, not because of the pure intention to serve, but the “perks” they get from it.  There are ghost projects that cost millions and when these public officials have nothing to present when asked for supporting documents, they seem to make up an excuse to maintain their innocence.

Malversation of public funds is a serious offence and should not be tolerated even if the violation is committed by a public official. Now, if holding public office gives you immunity and power to steal public funds, which could have been used for more useful projects, this is an obvious example of corruption at its finest.

Ex-Benguet mayor Bartolome Sacla Sr. and former municipal treasurer Manuel Bagayao were found guilty of misusing public funds, which amounted to P5 million. According to Commission on Audit (COA), there are two factors that demonstrate irregularity in this transaction: 1. there wasn’t any supporting document that will justify the issuance of the check; 2. an accountant’s advice was not issued, which is one of COA’s requirements.

This is a clear violation of Republic Act No. 1090:

“Section 1.     Article two hundred seventeen of the Revised Penal Code is amended to read as follows:

"Art. 217.     Malversation of public funds or property. — Presumption of malversation. — Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate shall consent, or through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property, shall suffer:

"1.     The penalty of prision correccional in its medium and maximum periods, if the amount involved in the misappropriation or malversation does not exceed two hundred pesos.

"2.     The penalty of prision mayor in its minimum and medium periods, if the amount involved is more than two hundred pesos but does not exceed six thousand pesos. 

"3.     The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if the amount involved is more than six thousand pesos but is less than twelve thousand pesos.

"4.     The penalty of reclusion temporal in its medium and maximum periods, if the amount involved is more than twelve thousand pesos but is less than twenty-two thousand pesos. If the amount exceeds the latter, the penalty shall be reclusion temporal in its maximum period to reclusion perpetua.

"In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the property embezzled.

"The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal uses."  

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