Malversation, graft raps filed vs ex-Biliran town mayor over unliquidated cash advances

The Office of the Ombudsman has filed criminal charges against a former mayor in Culaba town in Biliran for allegedly failing to liquidate his cash advances amounting to P236,807.

 

In a statement released on Thursday, the Ombudsman said former Culaba Mayor Edgar Fumar violated Article 217 of the Revised Penal Code and Section 3(e) of the Republic Act 3019. The case was filed with the Sandiganbayan.

 

Under Article 217 of the Revised Penal Code, "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 (on its face) evidence that he has put such missing funds or property to personal use."

 

On the other hand, Section 3 (e) involves, "causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence."

 

The Ombudsman said the complaint stemmed from a Commission on Audit report submitted to the Office of the Deputy Ombudsman for Visayas, which showed that Fumar failed to liquidate cash advances amounting to P236,807.09.

 

"Records show that Fumar was repeatedly asked by the COA to explain his expenditures and non-liquidation of cash advances amounting to P236,807.09 through demand letters sent on February 7, 2006, January 21, 2008 and March 18, 2008, but the amount remained unliquidated," it noted.

 

The Ombudsman said Fumar acted in bad faith "causing injury to the municipality of Culaba in the amount of P236,807.09 by repeatedly incurring additional cash advances without even attempting to liquidate the previous ones and by continuously ignoring repeated demands from COA to account and liquidate the same." — Amanda Fernandez/RSJ, GMA News