Ex-Masbate mayor gets 12-16 years for failure to liquidate P26-M cash advance

The Sandiganbayan Seventh Division has sentenced a former mayor of Milagros, Masbate to 12 to 16 years in prison for malversation of public funds, particularly over his failure to liquidate P26 million of cash advances in his custody.

In a 29-page ruling dated November 29, the anti-graft court said that ex-Milagros, Masbate Mayor Bernardino Abapo failed to explain why the cash advances remained unliquidated despite a considerable period of time given to him and likewise failed to justify how the P26 million was spent.

“In this case, there is no doubt that accused Abapo failed to overcome this prima facie evidence of guilt. Record shows that while he was given the opportunity to personally dispute the findings of the COA (Commission on Audit), he never took the witness stand to at least explain his side. No explanation was heard from him why he was given cash advances, for what reasons these cash advances are and more importantly, how did he use them,” the Sandiganbayan said.

“He did not even show receipts covering the expenses incurred from the cash advances made by him, if there be any. Instead, he complacently and completely relied on the testimony of his witnesses, namely Christie Aguas and Rebecca Marquez, who obviously have no personal knowledge on why these advances were extended to him, for what use and how these cash advances were spent,” the anti-graft court added.

Moreover, the Sandiganbayan cited that Aguas, who is a witness for the accused, admitted that the liquidation for the P26-million cash advance was not completed since the slips and vouchers to be used for liquidation purposes never reached the Office of the Municipal Accountant.

Instead, they were found in the Office of the Municipal Administrator, who had already died. As a result, these slips and vouchers were never forwarded to the Treasurer's Office.

“An overall assessment of the defense’s evidence shows that it is weak and could not in all aspect overcome the evidence adduced by the prosecution. Accused Abapo could not exculpate himself from liability based on a bare assertion that a partial liquidation was made but the liquidation report and its supporting documents never reached the Office of the Treasurer because of the untimely death of his Municipal Administrator who failed to transmit them,” the anti-graft court pointed out.

In closing, the Sandiganbayan argued that logic dictates that Abapo should have kept track of the liquidation if there was any since the money given to him are public funds and thus, must be used prudently at all times to prevent dissipation and wastage.

“Accused Abapo should remember that as one who received and was entrusted with government funds, his sense of responsibility could have guided him to know that he has personal and legal obligation to account his use of these cash advances and liquidate them as required by pertinent rules and regulations. Wherefore, in view of our disquisitions above, accused Bernardito Asibuque Abapo is found guilty beyond reasonable doubt of the crime of Malversation of Public Funds,” the Sandiganbayan said.

Aside from the hefty jail time, the same Sandiganbayan ruling slapped Abapo a penalty of perpetual special disqualification to hold public office and ordered him to pay the fine of P26 million—the same amount of government funds he failed to liquidate. — BM, GMA News