A Regional Trial Court judge yesterday acquitted a former acting assistant city treasurer of Bacolod City of a criminal case for malversation of public funds.

Judge Demosthenes Magallanes acquitted Manfredo Montaño of the case filed against him by the Office of the Ombudsman for Visayas in connection with the disbursement of funds for Bacolod's delegation at the Philippine National Games in Metro Manila from May 19 to 26, 1996.

The Ombudsman alleged that on Oct. 1 1997, when Montaño was acting assistant city treasurer, he misappropriated P64,265.36 for his own personal use to the prejudice of the government. Information filed in court said that Bacolod City participated in the Philippine National Games and Montaño was chosen to make the cash advances for its team.

The team was headed by city councilors and ranking city officials and Montaño was authorized to secure a cash advance of P750,000.

The expenses for the games were authorized by the Sangguniang Panlungsod, the court was told.

On Oct. 1, 1997 State Auditor II of the Commission on Audit Suzette Agudelo conducted an audit of the expenses for the games and the initial findings showed a shortage of P74,265.36.

On January 7, 1998 an additional settlement was made by the Karatedo Team and the unsettled amount was reduced to P60,000.

The remaining unsettled amount was finally settled by Montano on April 1, 1998.

Notwithstanding the full settlement of the P60,000, the Commission on Audit filed the charge before the Ombudsman on the proposition that there was a delay in the settlement and there is that disputable presumption or prima facie case for malversation.

The judge said there was some delay because the cash advance was not totally in Montaño's hands as amounts were given to team managers who were not very conversant with auditing rules on expenditures and settlement of athletic funds given to them.

There is no evidence that Montaño appropriated unto himself a portion of the cash advance thus the prima facie case is overthrown, the judge said.*CPG

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