Former Bacolod mayor Luzviminda Valdez said she is filing a motion for reconsideration to the Sandiganbayan’s decision finding her and her former staff member Brendo Eligio guilty of falsification of private documents on seven counts for altering cash slips for reimbursement.
If denied she will elevate the case to the Supreme Court as she is innocent of the charges lodged against her, Valdez said on Wednesday, April 30.
The anti-graft court’s Sixth Division in its 114-page decision promulgated Tuesday, April 29, found Valdez and Eligio, former secretary to the mayor, guilty of falsification of private documents in seven cases and acquitted them for two others.
The penalty meted for each of the falsification of private documents convictions was 2 years and 4 months as minimum to 6 years as maximum and to pay a fine of P5,000,
The Sandiganbayan acquitted Management and Audit Service Office chief Ricardo Dahildahil Jr., former city accountant Eduardo Ravena and clerk Lalaine Villalva for failure of the prosecution to prove their guilt beyond reasonable doubt.
All of the accused were acquitted of malversation of public funds under Article 217 of the Revised Penal Code for failure of the prosecution to prove their guilt beyond reasonable doubt.
The decision penned by Associate Justice Sarah Jane Fernandez said no civil liability is imposed since the evidence failed to establish that the Bacolod City government sustained damages as a result of the acts of the accused.
Valdez, in a press statement Wednesday night, said these cases originally charged us with Malversation of Public Funds through Falsification of Public/Official Documents – a serious offense punishable by 8 to 20 years in prison, she said.
“The Court’s decision clearly states that no civil liability is imposed, as no damage to the Bacolod City Government was proven. The evidence failed to show that any injury or loss was incurred due to our actions”, she said.
However, in a surprising development, the Sandiganbayan downgraded the charge against her and Elegio from malversation to the much lesser offense of Falsification of Private Documents, despite the earlier acquittal from the original high crime, she said.
The decision relied heavily on the testimony of Commission on Audit Auditor Sheila Portal, who initiated the case, Valdez said.
She pointed out that it was revealed in court that Portal never issued a Notice of Disallowance, a critical component of due process.
“It is also worth noting that I stepped down as mayor in July 2004 and she came from another city and transferred to Bacolod City. Then she began her audit and investigation starting August 2004, raising questions about the depth and fairness of the investigation,” she added.
“The Court presented us with two options – serve the minimum penalty of 24 months under probation or file a motion for reconsideration (MR) and, if denied, elevate the case to the Supreme Court”, Valdez said.
“We reject the first option outright. Accepting probation would be tantamount to admitting guilt for a crime we were already acquitted of in substance. The Court acknowledged that the documents in question caused no harm to the government or public interest.” Valdez said.
“We believe the decision is inconsistent and confusing, and we are confident that a just outcome awaits at the Supreme Court, where we intend to pursue our legal remedies,” she added.*