Mayor, Ex-Treasurer in Samar Town Convicted with Graft for Non-Remittance of Tax
Samar town Mayor and a former treasurer were convicted of graft for not remitting to the Bureau of Internal Revenue (BIR) the tax liabilities due.
In the graft case, the Sandiganbayan found Mayor Arnold B. Abalos of San Sebastian, Samar, and his former treasurer Virginia A. Uy guilty. This follows the municipality’s failure to remit P1.27 million in tax due to the BIR in 2008 and 2009.
Abalos and Uy were given prison sentences ranging from six months to eight years. After violating Section 3 (1) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, the two were likewise barred from holding public office.
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Meanwhile, the malversation charges against Abalos and Uy were dropped since they helped the prosecution prove that “public money were lost.” The anti-graft court concluded in a ruling filed by Associate Justice Bernelito R. Fernandez that no proof of any paucity of funds was produced, nor was there any proof that the funds were taken by either.
On the graft accusations, Sandiganbayan stated the prosecution’s proof at the very least proves that both accused committed egregious unjustifiable negligence in failing to pay the Municipality of San Sebastian’s tax liabilities. Both defendants were fully aware not only of the tax amounts but also of the BIR’s demand for payment.
However, they failed to act in accordance with their obligations, not accidentally, but willfully and intentionally, with a conscious disregard for the repercussions in the case of the Municipality of San Sebastian. This Court cannot agree with both of the accused’s positions, said the Sandiganbayan statement.
Although accused Abalos claims that paying the taxes is a ministerial act and that there are no documents that disclose the details of the tax liabilities, these are insufficient defenses to absolve him of criminal responsibility. On the other hand, accused Uy’s claim that the Commission of Audit (COA) was unable to conclude its investigation is insufficient to absolve her of any criminal responsibility.
“At the very least, these postures are simply unconvincing. The evidence on record reveals that the non-payment of the taxes clearly caused damage to the Government, particularly to San Sebastian, because it did not receive any gain from the taxes but instead incurred penalties and interest therefrom. Penalties and interest that could have been avoided had payment been made,” Sandiganbayan statement said.
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