Hinatulan ng Sandiganbayan si Mayor Arnold B. Abalos ng bayan ng San Sebastian sa Samar at ang dating treasurer nitong si Virginia A. Uy sa kasong graft dahil sa hindi pag-remit sa Bureau of Internal Revenues (BIR) ng nasa P1.27 milyong tax liabilities na dapat bayaran mula sa munisipalidad noong 2008 at 2009.
Mula anim na buwan hanggang walong taong pagkakakulong ang sentensiya kay Abalos at Uy. Pinagbawalan na rin ang dalawa na humawak ng pampublikong tungkulin matapos malabag ang Section 3 € ng Republic Acy No. 3019, o ang Anti-Graft and Corrupt Practices Act.
Samantala, pinawalang-bisa sina Abalos at Uy sa mga kasong malversation dahil bigi ang prosekusyon na patunayan na “the public funds were missing, or that these same public funds cannot be accounted for.”
Gayundin, ang anti-graft court – sa isang desisyon na isinulat ni Associate Justice Bernelito R. Fernandez – ay nagsasabing “no proof of any shortage of funds was presented nor was there any proof that the funds were taken by either, or all of the accused, or, if they were taken at all, by any third party.”
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“All that was proven by the prosecution was that the tax liabilities of San Sebastian were not paid and remained unpaid. No shortage was proven, nor any misappropriation on the part of both accused. Thus, both accused cannot be held liable of malversation,” pagpupunto ng korte.
Sa graft charges, ito ang pahayag ng Sandiganbayan:
“The evidence presented by the prosecution was, at the very least, shows that both accused committed gross inexcusable negligence in not paying the tax liabilities of the Municipality of San Sebastian.
“Both accused were fully aware not only of the existence of the tax liabilities but also of a demand for payment from the BIR.
“However, they failed to act accordingly, despite of their duty to do so, not inadvertently, but willfully and intentionally, with a conscious indifference to the consequences insofar as the Municipality of San Sebastian is concerned.
“This Court cannot assent to the stance of both accused. Although accused Abalos maintains that his act of paying the taxes is ministerial or that there are no documents that will show the details of the tax liabilities, these are not sufficient grounds to excuse him from criminal liability.
“On the other hand, the posture of accused Uy that the Commission of Audit (COA) was unable to complete its audit is likewise not enough to relieve her of any criminal liability.
“At the very least, these postures are simply unconvincing.
“The evidence on record reveals that the non-payment of the taxes clearly caused damage to the Government, particularly to San Sebastian, because it did not receive any gain from the taxes but instead incurred penalties and interest therefrom. Penalties and interest that could have been avoided had payment been made.”
Rey Panaligan
