THE Sandiganbayan has ordered former Alcoy mayor Nicomedes de los Santos to pay a P30,000 fine for his failure to liquidate his cash advances in 2011.
The anti-graft court’s Fifth Division directed delos Santos to pay the fine, which represents 10 counts of violation of Article 218 (failure to render accounts) of the Revised Penal Code.
De los Santos’ conviction came after he pleaded guilty to the charges filed against him during his arraignment before the Sandiganbayan last May 25.
He was meted with a P3,000 fine for each charged offense.
“Accused admits his guilt freely and voluntarily with full knowledge of the consequence and meaning of the act, with a clear understanding of the precise nature of the crime charged in the information,” reads the Sandiganbayan’s two-page decision penned by Associate Justice Rafael Lagos.
The case stemmed from the criminal and administrative complaint filed by the Office of the Ombudsman-Visayas’ Field Investigation Office, which accused de los Santos of failure to liquidate and account for his cash advances issued to him from November 2006 to July 2011.
Based on the list of unliquidated cash advances submitted by state auditors, de Los Santos received funds to cover expenses for meals, snacks, travel expenses, police operation expenses, intelligence funds, honorarium for referees in a basketball tournament, Lakbay Aral, Aliwan Festival and Suroy-Suroy Sugbu.
The Ombudsman said the former mayor admitted that he only processed his liquidation after he received the complaint.
He submitted his liquidation report to COA on April 8, 2016, and refunded three cash advances on April 7, 2016.
Apart from the criminal case, the Ombudsman also found de los Santos administratively liable for simple neglect of duty and was ordered suspended for one month and one day.
But since he is no longer in service, the Ombudsman converted his penalty to a fine equivalent to his one month salary.
Guilty plea
During his arraignment, last May 25, de los Santos, through his counsel Karl Stevin Co, voiced his willingness to enter a guilty plea and admitted the charges in the complaint.
He also asked the court to impose only a fine, pursuant to the provisions of Art. 218 of the Revised Penal Code.
The prosecution, on the other hand, did not oppose to his manifestation.
The court also ordered the release of the P60,000 cash bond that de los Santos paid for the 10 counts of failure to render accounts.
The Sandiganbayan also ordered the lifting of the hold departure order against de los Santos. (GMD)