Ombuds junks malversation raps vs Ronda councilor

CEBU, Philippines — For lack of merit, the Office of the Ombudsman-Visayas has dismissed the criminal complaint filed against a former councilor of the municipality of Ronda over alleged unliquidated cash advances.

Roel Carreon was sued for a violation of Article 217 (malversation) of the Revised Penal Code in 2010.

Graft investigation and prosecution officer II Jose Melandro Garcia Jr. dropped the complaint filed against Carreon after he was able to settle his obligation.

“Respondent does not deny that the funds mentioned in this case are public funds from the coffers of the municipality of Ronda. He, however, stresses that the funds he received were already liquidated. Therefore, the last element to hold him liable for the crime charged is found wanting,” read the resolution.

In 2010, the Field Investigation Office (FIO) filed a malversation case against Carreon before the Office of the Ombudsman for allegedly failing to liquidate his outstanding cash advances amounting to P325,807 from 2007 to 2008.

The Commission on Audit Circular No. 97-002 mandates the timely liquidation of cash advances made by public officials and employees.

Also, Section 89 of Presidential Decree 1445 requires the liquidation of a cash advance as soon as its purpose has been served.

Carreon, in his counter-affidavit, admitted failing to immediately liquidate his cash advances. He, however, pointed out that the cash advances were eventually accounted for and that he submitted the liquidation documents to Municipal Accountant Genera Kasayan.

He further said that he no longer had any financial accountability with the municipality of Ronda since he arranged with the municipality that any shortage he incurred would be charged against his separation/terminal pay.

Thus, he sought for the dismissal of the complaint.

Garcia ruled that the P325,807 cash advances were already considered by their office when Carreon was charged with a separate case of malversation, among other crimes, for allegedly failing to liquidate his cash advances.

In the said case, Carreon allegedly failed to settle his account in the amount of P501,687.82 as of December 2009.

The P325,807 was included in the P501,687.82 cash advances.

Garcia ruled that since the malversation, among other crimes, was dismissed with finality in 2015, Carreon had no liability.—  MBG (FREEMAN)