FORMER Alcoy, Cebu mayor Nicomedes de los Santos is facing a criminal case before the Sandiganbayan for his alleged failure to liquidate cash advances that amounted to P199,624 in 2011.
Government prosecutors filed the case against de los Santos for 12 counts of violation of Article 218 (failure to render accounts) of the Revised Penal Code.
De los Santos’ case was raffled to the Sandiganbayan’s Fifth Division last Feb. 9.
The case stemmed from the criminal and administrative complaint filed by the Ombudsman’s Field Investigation Office, which accused de los Santos of failing to account for cash advances released 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 that the former mayor admitted that he only processed his liquidation after he received the complaint.
He submitted his liquidation report to the Commission on Audit on April 8, 2016, and refunded three cash advances on April 7, 2016.
“A prior demand is not required because nowhere in the provision does it require that demand be first made before an accountable officer is held liable for a violation of the crime,” the ombudsman said.
The ombudsman also found de los Santos administratively liable for simple neglect of duty and ordered him 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 one month’s salary. (GMD)