Manila: The Supreme Court (SC) announced its decision to uphold the Sandiganbayan's conviction of Teresita J. Soliva, a former mayor of the Municipality of Remedios T. Romualdez in Agusan del Norte, for failing to liquidate PHP900,000 in public funds during her tenure from 2001 to 2007.

According to Philippines News Agency, Soliva received several cash advances meant for confidential and intelligence funds, as well as travel and peace and order expenses. Despite receiving demand letters from the Municipal Accountant and the Commission on Audit to liquidate or return the funds, Soliva failed to comply. Although she made partial payments through payroll deductions, only PHP551,000 of the remaining amount was supported by documents.

Due to her inability to fully account for the funds despite repeated demands, Soliva faced charges before the Sandiganbayan for malversation and failure to render accounts. These charges were in violation of Articles 217 and 218 of the Revised Penal Code. During the proceedings, Soliva claimed that the amounts had been refunded through payroll deductions but failed to provide evidence to support this assertion and did not attend the hearings.

The Sandiganbayan found Soliva guilty and rejected her plea for a new trial to present purportedly new evidence. In affirming her conviction, the Supreme Court highlighted that malversation, as defined under Article 217 of the Revised Penal Code, occurs when an accountable officer misuses entrusted public funds and cannot satisfactorily account for their disappearance. The court noted that even without direct evidence of misuse, a shortage in accounts that the officer cannot explain is sufficient to presume that the funds were used for personal gain unless proven otherwise.