The Sandiganbayan has convicted Mayor Arnold B. Abalos of San Sebastian town in Samar and former treasurer Virginia A. Uy of graft for not remitting to BIR the P1.27 million in tax liabilities due from the municipality in 2008 and 2009.
The Sandiganbayan has convicted Mayor Arnold B. Abalos of San Sebastian town in Samar and former treasurer Virginia A. Uy of graft for not remitting to the Bureau of Internal Revenue the P1.27 million in tax liabilities due from the municipality in 2008 and 2009.
But they were acquitted of malversation charges for failure of the prosecution to prove that “the public funds were missing, or that these same public funds cannot be accounted for.” “All that was proven by the prosecution was that the tax liabilities of San Sebastian were not paid and remained unpaid. No shortage was proven, nor any misappropriation on the part of both accused. Thus, both accused cannot be held liable of malversation,” the court stressed.“The evidence presented by the prosecution was, at the very least, shows that both accused committed gross inexcusable negligence in not paying the tax liabilities of the Municipality of San Sebastian.
“However, they failed to act accordingly, despite of their duty to do so, not inadvertently, but willfully and intentionally, with a conscious indifference to the consequences insofar as the Municipality of San Sebastian is concerned.
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