BACOLOD CITY – Former Bacolod City Mayor Luzviminda Valdez, along with her assistant, who were sentenced up to 42 years in prison, after being found guilty by the Sandiganbayan of doctoring cash slips to overstate P2,091 in reimbursement claims to P364,778 in 2004, said on Wednesday that she will seek legal remedies before the Supreme Court, stressing that the decision is inconsistent and confusing.
Sandiganbayan indicted Valdez and her secretary, Brendo Eligio, on seven counts of falsification of private documents, which has 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 a statement, Valdez said that the Sandiganbayan Sixth Division already acquitted her, Elegio, Sally Ortega, Lalaine Villalva, Accounting Officer Ricardo Dahildahil, and former City Accountant 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 COA Auditor Sheila Portal, who initiated the case. It was revealed in court, Valdez added, that Portal never issued a Notice of Disallowance, a critical component of due process.
It is also worth noting, she further said, that she stepped down as mayor in 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 on 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 MR, 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 also said.
We believe the decision is inconsistent and confusing, and we are confident that a just outcome awaits the Supreme Court, where we intend to pursue our legal remedies, Valdez added. (Gilbert Bayoran via tvds)