Graft raps vs former DepEd exec dismissed

CEBU, Philippines — The Office of the Ombudsman-Visayas has dismissed the criminal complaint filed against a former schools division superintendent of the Department of Education in Central Visayas for lack of jurisdiction over the accused.

Lawyer Luanne Ivy Cabatingan, graft investigation and prosecution officer III, dropped the complaint for failure of an accountable officer to render accounts filed against the late Serena Cantuba Uy.

"The Office was...unable to obtain jurisdiction over respondent's person, and to allow the investigation to proceed against a person who is no longer in any position to defend herself or be heard would be a denial of her right to due process," the decision read.

The dismissal was also in accordance with Article 89 of the Revised Penal Code, which extinguishes criminal liability upon the death of the accused.

On November 14 last year, the anti-graft office docketed the complaint filed against Uy, who allegedly incurred an unliquidated cash advance for the 2007 Charter Day celebration amounting to P63,962.  The cash advance was granted to Uy in August 2007.

As proof, the Field Investigation Office submitted copies of the status of unliquidated cash advances and the report on ageing of cash advances, both as of March 31, 2015.

Cabatingan issued a subpoena through DepEd regional office directing Uy to answer the allegations filed against her.

However, Cabatingan was informed that Uy had been dead for years already.  A copy of Uy’s death certificate dated March 4, 2014 was attached to the letter addressed to Cabatingan.

Uy’s death apparently prompted Cabatingan to dismiss the complaint against the former. (FREEMAN)