BACOLOD CITY – Former Bacolod Mayor Luzviminda “Joy” Valdez is preparing to file a motion for reconsideration after being sentenced to up to 42 years in prison for falsifying cash slips used in reimbursement claims that resulted in PHP362,000 in questionable payouts by the city government.
Valdez maintains her innocence and plans to elevate the case to the Supreme Court if her motion is denied.
In a 114-page decision promulgated April 29, the Sandiganbayan Sixth Division found Valdez and her former secretary, Brendo Elegio, guilty of seven counts of falsification of private documents under Article 172 in relation to Article 171 of the Revised Penal Code.
Each was sentenced to a minimum of two years and four months to a maximum of six years per count, totaling nearly 17 to 42 years in prison, plus a PHP5,000 fine for each offense.
Following the ruling, Valdez said in a statement that the court gave them two options: serve the minimum penalty of 24 months under probation or file a motion for reconsideration and, if denied, appeal to the Supreme Court.
“We reject the first option outright,” Valdez said.
“Accepting probation would be tantamount to admitting guilt for a crime we were already acquitted of in substance.”
She said the court acknowledged the documents in question caused no harm to the government or public interest.
“These cases originally charged us with malversation of public funds through falsification of public or official documents, a serious offense punishable by eight to 20 years in prison,” Valdez said.
Four other Bacolod City employees were acquitted after prosecutors failed to prove guilt beyond reasonable doubt.
All accused were cleared of malversation charges, as the prosecution could not establish misuse of public funds.
Valdez said the acquittal mirrors a similar case against her that was dismissed by the Sandiganbayan Fifth Division in 2022.
She said the court’s decision stated no civil liability was imposed because there was no proven damage to the Bacolod City Government.
She added the evidence failed to show any injury or loss due to their actions.
“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 our earlier acquittal from the original high crime,” she said.
Valdez said the decision relied heavily on the testimony of Commission on Audit auditor Sheila Portal, who initiated the case.
She noted that Portal did not issue a Notice of Disallowance, which she called a critical component of due process.
Valdez said she stepped down as mayor in July 2004, while Portal transferred from another city and began her audit in Bacolod in August 2004.
She said this raised questions about the fairness and depth of the investigation.
“We believe the decision is inconsistent and confusing,” Valdez said.
“We are confident that a just outcome awaits at the Supreme Court, where we intend to pursue our legal remedies.”
The charges stemmed from a 2004 post-audit by the Bacolod City State Audit team, which found discrepancies in reimbursement claims supported by falsified cash slips. (Glazyl Jopson via tdg)