Ex-CPA collector faces malversation raps

CEBU, Philippines - The Office of the Ombudsman-Visayas found probable cause to indict a former collections officer of the Cebu Port Authority (CPA) for malversation of public funds.

Graft investigator Irish Inabangan Amores said even if Manuel Gilbuena Jr. is no longer an employee of the Port Management Division of Madridejos and Sta Fe, Cebu he is still liable.

“The resignation of a government official or employee should not serve as an instrument to evade liability for acts committed while he was still in the service,” the resolution reads.

Amores said Gilbuena cannot evade the probable conviction and corresponding penalty if the court finds enough basis to declare him guilty.

The graft investigator added that the four elements of malversation were present in the case of Gilbuena.

The complainants of the case were the Public Assistance and Corruption Prevention Office (PACPO) and the Commission on Audit (COA).

The complainants said that based on an audit, Gilbuena had a cash shortage of P346,655.43. He was assigned as special collection officer at the port of Madridejos town then turned over his collections to the cashier assigned in Sta. Fe.

On September 13, 2005, the Office of the Auditor of the COA at Cebu Port Authority received a letter from Rosemarie Segura, manager of the International Control Division of CPA informing them of the latter’s audit of the accountability of Gilbuena.

Segura said there were two ships, Gemin 5 and 6, which regularly docked at the Madridejos port and they did not see any CPA document showing their payments.

Segura then investigated the matter and found out several original receipts showing the ships did pay the CPA.

The COA then recommended for the immediate relief of Gilbuena from his collection functions pursuant to Special Order No. 55.

However, in the counter-affidavit of Gilbuena, he stated it was Rosalinda Oribello, state auditor III, Audit Team Leader, who failed to show documentary proof of the alleged discrepancy.

Gilbuena added that the Office of the Ombudsman no longer have jurisdiction over him as he is no longer a government employee.

However, during the investigation conducted by the Office of the Ombudsman, Gilbuena admitted having committed wrongdoings.

Graft investigator Amores found that the cash shortage of Gilbuena was duly established and was never refuted by the latter.

Amores added that Gilbuena admitted the wrongdoing and requested that he will just pay the shortage on installment basis. — (FREEMAN)