FORMER Pulupandan town mayor Luis Mondia Jr. is facing criminal and administrative charges filed against him by incumbent Mayor Magdaleno M. Peña for his alleged failure to settle unliquidated cash advances.

The cash advances which Peña cited include a total of P708,892.94 of which upon audit, P591,480.94 was utilized as general fund, P90,401 as special education fund, and a trust fund of P27,011.

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Filed last October 16 before La Carlota City Prosecutor Victor Tañoso, Mayor Peña cited that the former mayor was able to obtain the cash advances through the exercises of his influence over his subordinates.

Mondia could not be reached for comment as of press time.

The act according to Peña’s complaint constitutes a clear violation of Sec. 3 (a) of Republic Act 3019, as amended or the Anti-Graft and Corrupt Practices Act.

Mondia made cash advances without complying with the requirements of the Commission on Audit (COA) considering that he obtained several cash advances without prior settlement through liquidation of previous ones, Peña said, adding that it is a clear violation of COA circular 97-002.

Said circular stated that “no additional cash advances shall be allowed to any official or employee unless the previous cash advance given him is first settled or a proper accounting thereof is made.”

Peña also cited that the Local Government Code also states that “no cash advance shall be granted to local officials or employees, elective or appointive, unless made in accordance with rules and regulations as the COA may prescribe.”

Item 12 of Peña’s complaint stated that most of the cash advances of Mondia were made without any definite or specific governmental purpose.

Such would legally hold Mondia liable for misuse of government funds, Peña said, noting that there is indication of misapplication of government funds “after Mondia failed to liquidate his cash advances, as well, as to substantiate that the same were sued for some specific governmental purpose.”

Despite repeated demands through a letter sent to Mondia, however the latter “refused” to receive upon personal service of said letters and “failed” to claim to the same form the post office upon receipt of the corresponding notices of registered mails.

The letters were dated September 25, 2007, August. 5, 2008, and June 16, 2009.

It can be recalled that last May 12, 2009, the council members passed Resolution 2009-62 authorizing Mayor Peña to demand and collect the unsettled cash advances of the former mayor. (George M. De La Cruz)