The Sandiganbayan convicted Friday former Cagdianao, Dinagat Islands Mayor Bernardo F. Alcaria Jr. for violating the Anti-Graft and Corrupt Practices Act.
Alcaria failed to liquidate and pay cash advances and overpayments he received from the municipality totaling P26,913 despite repeated demands from the Commission on Audit (CoA).
He was sentenced by the Sandiganbayan to a jail term of six to 10 years and perpetually banned from holding public office.
In a 20-page decision penned by Sandiganbayan Associate Justice Alexander Gesmundo, the court said Alcaria caused “undue and manifest injury through evident bad faith or gross inexcusable negligence to the municipal government of Cagdianao, Surigao del Norte.”
Associate Justices Efren N. dela Cruz and Rodolfo A. Ponferrada concurred in the decision.
Records of the case showed that sometime between 1989 to 1998, Alcaria, who was then mayor of Cagdianao, formerly part of Surigao del Norte, received cash advances and overpayments from the town totalling P58, 677.50, P26,913 of which, the prosecution said, he failed to pay and liquidate.
“While there is confusion regarding the documents that the accused had received – whether a demand for payment or liquidation or a Notice of Disallowance (ND) or a Notice of Suspension (NS) – what is clear is the amount subject matter of the demand and or notice remains outstanding and has not been settled by accused,” the decision said. (Tempo)
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