SC affirms conviction of ex-Agusan del Norte mayor for malversation

The Supreme Court (SC) has affirmed the conviction of a former mayor of a municipality in Agusan del Norte for malversation of public funds due to her failure to liquidate cash advances from municipal development funds.

In a 26-page decision, the Third Division affirmed the ruling of the Sandiganbayan that found Remedios Mayor Teresita Soliva guilty of violating Articles 217 and 218 of the Revised Penal Code.

“[T]he prosecution was able to prove beyond reasonable doubt that Soliva knowingly and intentionally committed the crime of Malversation. Despite the fact that demand letters were duly received by Soliva, she deliberately ignored the periods within which she was required to settle her obligations,” it said.

“She made no effort to reply to the demands, let alone liquidate her cash advances on time. While there is no direct proof of misappropriation, there is clear evidence of her deliberate failure to liquidate the public funds which she did not bother to explain,” it added.

According to the court, Soliva served as mayor from 2001 to 2007.

She received several cash advances for confidential and intelligence funds, travel, peace, and order expenses during her term.

However, the court said she failed to comply with received demand letters requiring her to liquidate or return cash advances amounting to over P900,000.

She was then charged before the Sandiganbayan for malversation and failure to render accounts. 

According to the court, while the case was pending, Soliva claimed that the amounts  were refunded through payroll deductions. However, she did not submit evidence to support this.

In affirming her conviction, the SC stressed that malversation is committed once an accountable officer entrusted with public funds misuses them and cannot explain why they are missing.

The SC also said that partial repayment does not erase criminal liability for malversation.

Aside from this, the High Court agreed with the Sandiganbayan that there was no basis to conduct a ne trial, noting that her repeated absences during hearings showed her lack of effort to defend herself.

The decision, penned by Associate Justice Samuel Gaerlan, was promulgated in August 2025 and made public in March 2026. —AOL, GMA Integrated News