• GILBERT P. BAYORAN
Former Bacolod City Mayor Luzviminda Valdez, who along with her aide, was sentenced up to 42 years in prison after being found guilty by the Sandiganbayan of doctoring cash slips said on Wednesday (April 30) that she will seek legal remedy before the Supreme Court.
The decision is inconsistent and confusing, she said in a statement.
Sandiganbayan indicted Valdez and her secretary, Brendo Eligio, on seven counts of falsification of private documents, with a jail term of up to six years and a fine of P5,000 for each count.
They were found guilty by the Sandiganbayan of defrauding the government through altering cash slips and official receipts to bloat reimbursements, primarily for food expenses related to various events of the city government in 2004.
They overstated the only P2,091 in reimbursement claims to P364,778.
In a statement, Valdez said that the Sandigabayan Sixth Division already acquitted her, Elegio, Sally Ortega, Lalaine Villalva, accounting officer Ricardo Dahildahil, and former city accountant Eduardo Ravena in the criminal cases for malversation of public funds through falsification of public/official documents – a serious offense punishable by eight to 20 years in prison.
“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,” the former mayor said.
“However, in a surprising development, the Court downgraded the charge against me and Elegio from malversation to the much lesser offense of falsification of private documents, despite the earlier acquittal from the original high crime,” Valdez said.
She also noted that the decision relied heavily on the testimony of Commission on Audit auditor Shiela Portal, who initiated the case.
It was revealed in court that Portal never issued a notice of disallowance, a critical component of due process, she added.
Valdez said it is worth also noting that she stepped down as mayor on July 2004, and Portal, who came from another city, was transferred to Bacolod City.
Then Portal started her audit and investigation in August 2004, raising questions about the depth and fairness of the investigations, Valdez said.
With two options given to them by the Court, including serving the minimum penalty of 24 months under probation, or file a motion for reconsideration, and if denied, elevate the case to the Supreme Court, the former mayor said she rejected the first option.
“Accepting probation would be tantamount to admitting guilt for a crime we were already acquitted of in substance,” Valdez stressed.
The court acknowledged that the documents in question caused no harm to the government, or public interest, she 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,” Valdez said. | GB
