Ex-Lanao del Norte mayor convicted for illegal realignment of P2-M fund

The anti-graft court Sandiganbayan has found the former mayor Kolambugan town in Lanao del Norte guilty of technical malversation in connection with the unauthorized re-alignment of the municipal government's funds.

In a 20-page decision penned by Sandiganbayan Associate Justice Samuel Martires, the court found the incumbent Kolambugan Vice Mayor Bertrand Lumaque and three other former officials of Kolambugan guilty of technical marversation for illegally re-aligning P2 million of the P4 million fund originally earmarked for loan repayment.

Based on the case filed by the Office of the Ombudsman with the anti-graft court, the Sangguniang Bayan (SB) of Kolambugan enacted an ordinance setting aside P5.52 million of the municipal government's General Annual Budget for 2006 for a Development Fund”.

The budget for the Development Fund was later approved by the Municipal Development Council (MDC) Executive Committee (Execom) through Resolution No. 130, series of 2006 which earmarked P4 million for the loan repayment of the Mindanao Urban Special Services Program (MBUSSP).

The MDC Execom, however, passed another resolution in 2007 (Resolution No. 5 Series of 2007) realigning P2 million of the amound intended for MBUSSP loan repayment.

The MDC Execom claimed that the diverted fund was for the implementation of several programs which included, among others, the procurement of two dump trucks in support of the municipal government's Solid Waste Management Program.

In its decision, the court said the MDC Execom's act of re-aligning the budget earmarked for MBUSSP loan repayment “clearly violates” the provision of Article 220 of the Revised Penal Code (RPC).

“The wisdom behind the prohibition in Article 220 of the RPC is to deter public officers from overriding the policy decisions already made by the national or local lawmaking bodies (that is, Congress or theSanggunian) as to what public purpose deserves to be funded by the government,” the court's resolution said.

The court also pointed out that the municipal government during that period has already appropriated the amount of P405,000 for its Solid Waste Management Program “where the municipality could have gotten the budget for the purchase of the dump trucks.”

Aside from Lumaque, also found guilty were former municipal planning and development coordinator Ruben Martinez, former Sangguniang Bayan (SB) member and chairperson of the Committee on Finance and Appropriation Jessie Abecia, and former municipal budget officer Nancy Calacat.

Except for Calacat, the three other convicted officials were part of the MDC Execom.

The convicted municipal officials were meted out a fine of P500,000 and temporary special disqualification to hold office. -NB, GMA News