Sandigan orders ex-PCGG chair Sabio to return P350K unliquidated fund to gov't

The Sandiganbayan has ordered Camilo Sabio, former chairman of the Presidential Commission on Good Government (PCGG), to return P350,000 of unliquidated cash advances to the government.

In a 13-page decision, the anti-graft court said prosecution witnesses were able to establish that Sabio violated Article 218 of the Revised Penal Code when he requested and received cash advances amounting to P250,000.00 and P100,000.00 in December 2008 and failed to liquidate them within two months from January 20, 2009, which was also in violation of COA Circular No. 97-002.

"During the cross-examination of Marcial Flores, the witness confirmed that the amounts remained unliquidated as of May 2010, when he was OIC (officer-in-charge) of the FAD (Finance and Administrative)," the Sandiganbayan said.

"Wherefore, premises considered, the Court finds accused Camilo Loyola Sabio guilty beyond reasonable doubt of the offense of Failure of Accountable Officer to Render Accounts under Article 218 of the Revised Penal Code, and he is hereby sentenced to pay a fine of P1,000 subject to subsidiary imprisonment in case of insolvency," it added.

"In addition, the accused is adjudged civilly liable to the Government in the amount of P350,000."

The court cited Supreme Court rulings dismissing Sabio's defense that a demand to liquidate is necessary before a complaint for failure to render accounts under Article 218 of the Revised Penal Code may be filed against him. 

The Rosulo Lopez Manlangit v. Honorable Sandiganbayan and People   of the Philippines stated that, "Nowhere in the provision does it require that there first be a demand before an accountable officer is held liable for a violation of the crime. The law is very clear. Where none is provided, the court may not introduce exceptions or conditions, nor may  it engraft into the law  qualifications  not contemplated."

The Sandiganbayan also invoked Aloysius Dait Lumauig v. People of the Philippines which held that, "[A] prior notice or demand for liquidation of cash advances is not a condition sine qua non before an accountable public officer may be held liable under Article 218 of the Revised Penal Code."

Sabio sat as PCGG chairman from April 27, 2005 to June 30, 2010. —KBK, GMA News