Ex-Bacolod mayor to contest falsification verdict
Bacolod, Negros Occidental. INQUIRER FILES
BACOLOD CITY — Former Bacolod Mayor Luzviminda Valdez said she would file a motion for reconsideration after the Sandiganbayan found her and a former staff member guilty on seven counts of falsifying private documents related to altered cash slips for reimbursement.
If the motion is denied, Valdez said she planned to elevate the case to the Supreme Court, insisting on her innocence.
“We believe the decision is inconsistent and confusing, and we are confident that a just outcome awaits at the Supreme Court where we intend to pursue our legal remedies,” she said in a May 2 interview.
The anti-graft court’s Sixth Division, in a 114-page decision promulgated April 29, found Valdez and Brendo Eligio, her former secretary, guilty of falsification in seven cases but acquitted them in two others.
Each conviction carries a penalty of two years and four months to six years in prison, plus a P5,000 fine.
The court acquitted Management and Audit Service Office chief Ricardo Dahildahil Jr., former city accountant Eduardo Ravena, and clerk Lalaine Villalva, citing the prosecution’s failure to prove guilt beyond a reasonable doubt.
All the accused were also acquitted of malversation of public funds under Article 217 of the Revised Penal Code due to insufficient evidence.
Associate Justice Sarah Jane Fernandez, who penned the decision, said no civil liability was imposed, as the prosecution failed to prove that the Bacolod City government suffered damages.
Valdez noted the original charges were for malversation through falsification of public documents — a serious offense punishable by eight to 20 years in prison — but the charge was downgraded.
“The court’s decision clearly states that no civil liability is imposed, as no damage to the Bacolod City government was proven,” she said.
Valdez questioned the court’s reliance on the testimony of state auditor Sheila Portal, who initiated the case. She pointed out that Portal never issued a notice of disallowance — a key due process requirement.
“I stepped down as mayor in July 2004, and she came from another city and began her audit in Bacolod in August 2004,” Valdez said. “This raises questions about the depth and fairness of the investigation.”
Valdez said the court gave her two options: serve the minimum 24-month sentence under probation or file an appeal.
“We reject the first option outright. Accepting probation would be tantamount to admitting guilt for a crime we were already acquitted of in substance. The court acknowledged that the documents in question caused no harm to the government or public interest,” she said.
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