Supreme Court affirms malversation conviction of ex-Agusan del Norte mayor

2026-03-26 - 12:51

MANILA, Philippines – The Supreme Court (SC) upheld the ruling of the anti-graft court Sandiganbayan that found a former mayor of Agusan del Norte guilty of malversation of public funds. The SC announced on Thursday, March 26, that it affirmed the Sandiganbayan’s decision convicting former Remedios T. Romualdez mayor Teresita Soliva of malversation under Article 217, and of failure of the accountable officer to render accounts under Article 218 of the Revised Penal Code (RPC). This case stemmed from Soliva’s “failure to liquidate cash advances from municipal development funds.” In the SC 3rd Division ruling penned by Associate Justice Samuel Gaerlan, the High Court explained that Article 217 is committed once a public officer, who is entrusted with public funds, misuses the said money and cannot “satisfactorily explain” why they are missing. The SC said that even if there is no direct proof of fund misuse, the shortage in the money that the officer cannot explain is already enough. According to the SC, in cases like this, the law presumes that the funds were used for personal gain unless the official can disprove it. “In this case, Soliva failed to overturn this presumption. She ignored repeated demands, gave no explanation for the missing funds, and admitted she presented no evidence in her defense,” the High Court said. “The SC also clarified that partial repayment does not erase criminal liability for malversation. Even if Soliva made some payments, the crime was already completed when she failed to account for the funds after being required to do so. Payment may only affect civil liability and may reduce the penalty, but it does not remove criminal responsibility,” it added. On the violation of Article 218 of the RPC, the SC also affirmed her conviction due to Soliva’s failure to render accounts. The SC said the offense is already committed once the accountable official fails to submit the required accounting on time. Soliva’s sentence is as follows: Malversation: Up to six years jail time, P551,000 fine, and perpetual disqualification from holding public office Failure to render accounts, for each of the 10 counts: Six months jail time, P40,000 fine Play Video What happened before According to the SC, Soliva served as Remedios T. Romualdez’s mayor from 2001 to 2007. During her term, she received cash advances for confidential and intelligence funds, travel, and peace and order. Later, the Commission on Audit and the municipal accountant asked her, through demand letters, to liquidate these advances amounting to P900,000, but she failed to comply. Soliva made partial payments through payroll deductions, but only around P551,000 of her cash advances had supporting documents. Due to her failure to liquidate the funds, she was sued at the Sandiganbayan for malversation and failure to render accounts. According to the SC, Soliva claimed during the Sandiganbayan trial that the amounts were already refunded through deductions, but she did not submit any evidence to support her claim. She also did not appear during the hearings, said the SC. Later, the anti-graft court found her guilty of the crimes and also denied her request for a new trial to submit alleged newly discovered evidence. “[The Court] found that the evidence Soliva wanted to present could have been submitted earlier if she had been diligent. The SC noted that her repeated absences during the hearings showed her lack of effort to defend herself. It added that even if the evidence were admitted, it would only show partial payment and would not affect her criminal liability,” the SC added. – Rappler.com