MANILA -- The former mayor and the accountant of Matanog town in Maguindanao has been cleared of charges for failing to remit the premiums of municipal government workers to the Government Service Insurance System (GSIS).
In its decision dated January 24, the Sandiganbayan's Second Division through Associate Justice Michael Frederick Musngi ruled to acquit former mayor Nasser Manali Imam and municipal accountant Haron Acob Ginta, on grounds of reasonable doubt.
Associate Justices Oscar Herrera, Jr. and Lorifel Lacap Pahimna concurred in the decision which said "the prosecution failed to prove that Imam, who was then the head of the LGU of Matanog, had knowledge of the failure of the LGU to remit the premium contributions" to the GSIS and that there is no evidence to show that accused Imam was aware that the LGU of Matanog had outstanding obligations with the GSIS.
The case involved findings that the municipality of Matanog did not remit the GSIS premium contributions of its municipal employees within 30 days from the date on which payment has become due and demandable.
The GSIS statement of account shows that there were unpaid remittances in the total amount of PHP1.86 million as of September 30, 2013.
RA 8291 the GSIS Act provides that the heads of agencies or branches of government shall be criminally liable for the failure, refusal or delay in the payment, turnover, and remittance or delivery of such account to the GSIS.
The prosecution, the court also said, failed to prove that the accused conspired with each other in the commission of the crime charged. The participation of each accused in the commission of the said violation was not shown.
Likewise, the court held that the "accused was not given the opportunity to disprove or even settle any outstanding obligations from the GSIS". (PNA)
