Monday, April 11, 2005
Ombud drops malversation case vs. Bantayan mayor
THE Office of the Ombudsman-Visayas has dismissed the criminal and administrative complaint filed against the town mayor of Bantayan for alleged malversation of funds.
Graft Investigator Christine Muga-Abad, in a three-page resolution and decision, resolved to drop the charges against Mayor Geralyn Escario-Cañares, citing “lack of substantial evidence.”
Barangay Captain Edgardo Layese of Barangay Binaobao, Bantayan filed the complaint against Cañares, impleading Municipal Accountant Ewaniza Abello in the process.
Layese, in his May 2003 complaint with the anti-graft office, accused Cañares of issuing government checks worth P5,000 each to 17 barangay captains.
The amount, he said, was in exchange for the other barangay captains’ support for Ma. Leonida Abello for the presidency of the Bantayan Association of Barangay Councils.
Layese ran during that poll but lost to Abello.
Cañares, in a joint affidavit with Municipal Accountant Abello, confirmed having issued the government checks but denied that this was done irregularly.
The money, they said, was used to send the barangay captains to a summit held in Cebu City to help prepare local government units against any outbreak of the Severe Acute Respiratory Syndrome (Sars).
The Sars threat was serious in 2003.
Audited
They said the disbursement of the funds was properly documented and in accordance with rules on the matter.
They also said they were subjected to government audit by the Provincial Government and passed.
In a reply-affidavit, Layese pointed out that nobody attended the summit except him and Barangay Captain Danilo Quiamco of Barangay Suba.
“The case should be dismissed. The complainant has filed to adduce sufficient evidence to convince this office that respondents have committed the acts complained of,” Muga-Abad said.
She said Cañares and Abello were able to submit receipts, photocopies of the checks issued to the barangay captains, the allotment and obligation slips covering the transaction that was duly certified by the municipal budget officer and accountant, and the disbursement vouchers covering the transaction.
This, she said, proves that the money was indeed released with proper documentation and consistent with government accounting rules and procedures.
“Now, as to whether these officials actually attended the summit or not, it is not for the respondent to answer this allegation. This issue is separate and distinct from herein case and thus, should be properly directed to the barangay officials themselves,” Muga-Abad said. KNR
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