Sandiganbayan sentences ex-Abra mayor to 26 years imprisonment

The former mayor of Baay-Licuan, Abra has been found guilty of malversation of public funds and will face a maximum sentence of 26 years behind bars for the alleged misuse of P2.15 million worth of public funds.

In a 38-page decision promulgated on January 19, the Seventh Division convicted Aunnielyne Castillo for three counts of the offense as defined and penalized under Article 217 of the Revised Penal Code.

The Sandiganbayan further sentenced Castillo to suffer the penalty of perpetual disqualification from holding public office.

Based on investigations of the case, Castillo received P2.15 million as cash advances from April to June 2001. A special audit conducted by the Commission on Audit, however, showed that there were no disbursement vouchers to support the issued funds.

The funds have remained unliquidated despite two demand letters issued by COA in July and August of 2001.

During the trial, Castillo admitted that she received two checks worth P1.25 million and P260,000, and a disbursement voucher amounting to P644,141.79. She said she even encashed the checks herself.

The Sandiganbayan said the cash advances were a violation of Section 339 of the Local Government Code of 1991 and COA regulations since Castillo approved the release of the funds without a legally specified purpose.

"In particular, no legally specified purpose was given for the issuance of the cash advances," the decision read.

The Sandiganbayan further said the funds of the municipality became Castillo's "personal piggy bank" when she made herself as a payee of the cash advances.

“Absent such purpose, and considering that the accused named herself as payee, the municipal funds essentially became her personal piggy bank from which she could easily obtain cash and then utilize the same with unfettered discretion,” it added.

"Since the amount in question are public in character, Castillo had control of the funds as no checks or disbursement can be prepared without her signature and the treasurer," the Sandiganbayan said.

"Upon demand by any duly authorized officer, the failure of a public officer to have duly forthcoming any public funds or property is a prima facie evidence that he or she had put such missing funds or properties to personal use," it added.

Division chairperson Associate Justice Ma. Theresa Dolores Gomez-Estoesta penned the decision, with the concurrence of Associate Justices Zaldy Trespeses and Bayani Jacinto. —KG, GMA News