San Remigio execs cleared in fund mess

CEBU - Despite having been found remiss of their obligations that resulted to embezzlement of government funds 10 years ago, two municipal officials of a northern town in Cebu were still acquitted of the criminal charges for malversation of public funds through falsification of public documents after they were found to have not benefited from the funds.

The Sandiganbayan second division acquitted San Remigio municipal engineer Jose Ramirez and then municipal treasurer Milagros Tampus of the case that stemmed from the complaint filed by the Commission on Audit in 1998.

COA accused Ramirez and Tampus of malversation of public funds through falsification of public documents before the anti-graft court together with the late mayor Artemio Masbate after they found payroll padding during its annual audit.

The anti-graft court earlier dropped Masbate from the case following his death in July 2000.

COA alleged that Tampus, Ramirez, and Masbate connived by taking advantage of their positions in defrauding the municipal government of the total amount of P15,040.

The amount was supposed to be salaries of the laborers who worked for the clearing of the town’s cultural center, pension house, premises, comfort room, and beach covering the period from March 4-15, 1995; March 18-30, 1995; and May 16-31, 1996.

Based on the COA findings, the accused allegedly falsified the payroll and the time book making it appear that the amount was received by the laborers. However, the people who allegedly received the money disowned their signatures.

Tampus and Ramirez admitted having signed in the falsified documents but the anti-graft court gave weight to their defense of good faith.

In its 35-page decision promulgated last Monday, the second division of the Sandiganbayan chaired by Justice Edilberto Sandoval ruled that the late mayor should have been the proper party to blame.

The decision, penned by Associate Justice Teresita Diaz-Baldos, said that Tampus and Ramirez acted in “good faith”.

Although they were found to be negligent in their responsibilities, the anti-graft court said that they could not be held accountable for the crime because they did not personally benefit from such.

“There is no iota of doubt that it is accused Mayor Masbate, upon whose instructions or directive the whole transaction revolved, who has the most to answer for,” the court decision read.

Unfortunately, Masbate could not be held accountable anymore after he died during the pending of the trial. – Fred P. Languido/MEEV (THE FREEMAN)