THE Sandiganbayan has affirmed the February 2, 2022 decision of the Olongapo City Regional Trial Court that found Barangay West Bajacbajac, Olongapo City treasurer Efren Beromilla guilty of embezzling P533,734.30 from his collections.
The anti-graft court’s Second Division had originally ordered the case thrown out in its March 4, 2024 decision, when it sustained the defense argument and the position of the Office of the Ombudsman that the Olongapo RTC had no jurisdiction over the case under RA 10660 which redefined court jurisdiction over cases involving public officials.
However, the Office of the Special Prosecutor filed a Motion for Reconsideration on Mach 11, 2024 praying for a second look, reverting its initial position on the issue of the local court’s jurisdiction.
The OSP argued that the amendatory provision of RA 10660 cited by the defendant in questioning the RTC jurisdiction does not apply to low-ranking officers of the government, like a barangay treasurer.
It pointed out that for cases involving low-ranking officials, the ordinary rules on venue of criminal proceedings apply, that is, where the crime was committed, hence no need to transfer the case to another judicial region.
In its 19-page resolution promulgated on August 2, 2024, the Sandiganbayan held that Beromilla’s case was tried and decided by the proper court.
“The allegation in the information support a finding that accused-appellant committed the crime within the territorial jurisdiction of the RTC of Olongapo City,” the court said.
Based on the testimony of state auditors Remedios Soto and Kimberny Blythe Guitang, they discovered that the accused had cash shortages amounting to P698,279.75 although he was later able to make a partial restitution in the sum of P131,911.50.
“Given the fact that the prosecution was able to establish the amount of cash shortage and that Beromilla failed to return the same, the RTC correctly applied the presumption of law… that the failure of a public officer to have duly forthcoming any public funds… upon demand shall be prima facie evidence that he has put such missing funds to personal use,” the court declared.
It affirmed the penalties imposed on Beromilla of imprisonment for four to eight years with perpetual disqualification from holding public office.
