September 29, 2024 | 12:00am
MANILA, Philippines — The Sandiganbayan has upheld the conviction of former Mamburao town mayor Voltaire Anthony Villarosa for his failure to ensure the timely remittance of P4.808 million in premium contributions of municipal employees to the Government Service Insurance System (GSIS) from 2015 to 2016.
In a 13-page resolution, the anti-graft court’s Sixth Division said Villarosa failed to raise in his motion for reconsideration any new relevant argument that would warrant the reversal of the June 10, 2024 decision finding him guilty of violation of Section 6 (b) in relation to Section 52 (g) of Republic Act 8291 or the GSIS Act of 1997, which mandates employers to remit within 30 days from due date the monthly contributions of its employees.
“The court agrees with the prosecution that the matters raised by Villarosa are mere rehash and repetition of the issues and arguments that have been considered and passed upon by the court,” the Sixth Division said.
Villarosa was earlier sentenced to serve two to four years of imprisonment and to pay a fine of P10,000. The court also ordered his absolute perpetual disqualification from holding public office and from practicing any profession or calling licensed by the government.
In convicting Villarosa, the Sixth Division noted that, based on the GSIS certification issued in August 2022, the 2015 and 2016 contributions of the Mamburao municipal employees were remitted to the agency only in 2018 and 2019, way beyond the 30-day period under the GSIS law.
The court noted that the delays ranged from 578 days to 942 days.
In its latest resolution promulgated on Sept. 25, the Sixth Division reiterated that Villarosa could not pass the buck to his subordinate by putting up a defense that he delegated to the municipal administrator the task of signing the checks for payment to GSIS.
“As extensively discussed in the decision, the head of office of the local government unit (LGU) is mandated to ensure that the GSIS contributions are timely remitted. Failure to do so shall result in his criminal liability,” the court said.
“In this case, not only did Villarosa fail to prove that there was a valid delegation, but he likewise failed to present evidence that he diligently followed up on the status of the outstanding liabilities of the LGU of Mamburao – a fact which he admitted in open court,” it added.
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