CEBU, Philippines - The Office of the Ombudsman-Visayas did not act on the motion filed by the former barangay treasurer of Calamba, Cebu City, who was charged for two counts of malversation.
Citing the lack of jurisdiction on the case, graft investigator Eleanor de Mira said she cannot entertain the motion for reconsideration filed by Amparo Barrera seeking for the reversal of the resolution finding probable for the malversation charges filed after she failed to account for over P10,000 barangay funds.
“Verification with the Prosecution Bureau of this office reveals that the Information of the said case, together with its supporting documents, have already been filed before the Regional Trial Court (RTC), Cebu City and raffled to RTC Branch5,” the anti-graft office order reads.
De Mira cited Administrative Order No. 13 of the Office of the Ombudsman that they will no longer entertain petitions filed before their office if the case has been filed before the courts.
Judge Douglas Marigomen of RTC Branch 5 has issued a warrant of arrest against Barrera with a recommended bail of P50,000 for her temporary liberty after finding probable cause.
The Office of the Ombudsman Visayas indicted Amparo Barrera after finding probable cause that she has misappropriated a total of P10,870 in 2006 and 2008.
Graft investigator Eleanor Tayad found Barrera liable after she failed to account the missing funds which were the barangay’s undeposited cash collections.
“The failure of the public officer to have duly forthcoming public funds or property, upon demand by a duly authorized officer, shall be prima facie evidence that she has put such missing funds to personal use,” Tayad said.
Tayad added that Barrera’s claim that she did not receive a demand letter from the complainant cannot be given any weight.
“As pointed out by State Auditor Marmita that the first demand letter dated March 9, 2009 was issued through the assistance of the barangay captain who commented that the respondent could not be found and her relatives refused to receive the said demand letter. Another two demand letters were sent through registered mail,” the resolution reads. (FREEMAN)