TWO Quezon City hall officers and a staff of a city-hall based savings and loan association have been charged before the regional court for their alleged involvement in the illegal disbursements of association funds in the amount of more than P7-million.
Charged with qualified theft before the sala of Judge Ferdinand Baylon of the QC Regional Trial Court were Arsenia Gonzales, Admin Officer IV assigned at the city’s Department of General Services (GSD) and Sandra Mangilaya, Housing and Homesite Regulatory Officer lll of the city’s Department of Public Order and Safety (DPOS) and Libay Casinillo, staff of Kapisanan sa Pag-iimpok at Paghiram ng mga Kawani ng Pamahalaang Lungsod Quezon, Inc. (KAPAMALQ).
The filing of charges was based on the recommendation of Assistant City Prosecutor Vimar M. Barcellano who granted the partial motion for reconsideration filed by Atty. Felipe Arevalo lll, who represented KAPAMALQ.
Arevalo filed the motion after the prosecutor’s office dismissed the cases of the three respondents on Oct. 28, 2019 due to lack of probable cause but recommended the filing of qualified theft against their co-respondent, Jude Estioco, former employee of KAPAMALQ.
Estioco’s case, which involved the illegal disbursements of P3.5-million of association funds, is still pending before the sala of Judge Baylon.
In his motion, Arevalo averred that there was a mis-appreciation of the mere salient facts and evidence he presented for the purpose of establishing probable cause for the filing of criminal case against the conspiring respondents, Estioco, Gonzales, former KAPAMALQ, president; Mangilaya, former KAPAMALQ treasurer and Casinillo.
But in their comments to Arevalo’s motion, the three respondents countered that there was no prima facie case against them and it is too late in the day to rebut the arguments they made in their joint counter-affidavit.
They claimed that they did not participate directly or indirectly in the daily cash collections and remittances of the KAPAMALQ as well as or deposits made at the Land Bank of the Philippines, QC hall branch.
In his four-page resolution, Barcellano ruled that after a careful study and re-evaluation of the issues raised in the motion of Arevalo, he found the motion for partial reconsideration to be meritorious as far as the offense of qualified theft is concerned in the total amount of P7.8-million.
“KAPAMALQ funds, P3,580,618.87 of which were undeposited and the P4,338,044.74 covered by encashed checks and were disbursed but unrecorded, all under the control of all respondents, then responsible officers of KAPAMALQ,” Barcellano added in his resolution.
Barcellano also ordered the amending of the information earlier filed against Estioco for qualified theft of P3.5-million and be included as co-respondent of Gonzales, Mangilaya and Casinillo on the qualified theft of P7.8-million.
Meanwhile, Judge Baylon has ordered the issuance of warrants of arrest against the four respondents. No bail has been recommended against the respondents.Publication Source : People's Tonight