Posted at 07/24/2014 4:43 PM

MANILA – The Office of the Ombudsman filed with the Sandiganbayan criminal information against former Culaba, Biliran Mayor Edgar Fumar for 12 counts of malversation of public funds, and 12 counts of graft, in connection with his unliquidated cash advances.

The case stemmed from a report from the Commission on Audit (COA) submitted to the Office of the Deputy Ombudsman for Visayas.

Records show that Fumar has been repeatedly asked by the COA to explain his expenditures and non-liquidation of cash advances amounting to P236,807.09 through demand letters sent on February 7, 2006, January 21, 2008, and March 18, 2008, but the amount remained unliquidated.

According to the 11-page Resolution, the finding of probable cause was established in view of Fumar’s “temerity and utter disregard of the laws and settled rules on accountability and proper use of public funds.”

Under Article 217 of the Revised Penal Code, the failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such funds or property to personal use.

In addition, Section 340 of the Local Government Code mandates that as mayor of Culaba, Fumar is accountable and responsible for all government funds pertaining to the municipality.

With regard to Section 3(e) of R.A. No. 3019, Fumar was found to have clearly acted in bad faith thereby causing injury to the municipality of Culaba in the amount of P236,807.09 by repeatedly incurring additional cash advances without even attempting to liquidate the previous ones and by continuously ignoring repeated demands from COA to account and liquidate the same.

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