Bacolod Budget Officer Luzviminda Treyes has asked the Ombudsman to hold in abeyance the filing of criminal information against her pending the resolution of her motion.

Treyes was one of the 10 city officials included in the criminal complaint for Malversation of Public Funds through Falsification of Public Documents involving the alteration made on a receipt to claim reimbursement.

The case was filed by the Commission on Audit before the Ombudsman against former Mayor Luzviminda Valdez, former Executive Assistant Susan Robles, former Secretary to the Mayor Brendo Elegio, former City Accountant Pioquito Quiñones, former EA Renato Rojo, acting Management Service Office head Ricardo Dahildahil Jr., former City Administrator Andrea Si, Assistant City Treasurer Lilia Ursos, Cooperative and Livelihood Development Office project officer Leo Villanueva.

Treyes also asked that after consideration, the Ombudsman's motion dated Mar. 23, 2007 in so far as she is concerned, be reconsidered and that the charge against her be dismissed and that she be exonerated.

The Ombudsman has approved the elevation of the criminal complaint filed by Commission on Audit to the Sandiganbayan.

Treyes' motion dated Nov. 12 was submitted to the Ombudsman last week by her counsel City Legal Officer Allan Zamora.

In coming out with its indictment, the Ombudsman came out with a finding that the entire transaction was spurious and that Treyes conspired with the other respondents by her failure to scrutinize and examine the supporting documents.

Treyes, in her motion, said that if there was any conspiracy, she was never a party to such. All that she did was to perform an act that is consistent and in consonance with her functions as City Budget Officer.

The motion said examination of the Allotment and Obligation Slip will show that Treyes only “certified as to existence of appropriation”. And because there was an existing appropriation, Treyes has no option or discretion but to certify as to the existence of such appropriation, it said.

The motion said that after Treyes signed the certification, she had no participation in the preparation of the disbursement voucher and the supporting documents. Also, she had no participation in the preparation of the check and its subsequent release, it said.

The COA is very much aware of the functions of the City Budget Officer, the motion said. It is also very much aware that Treyes has no participation in the spurious transaction so it did not include her among those who should be held liable for such transaction, it said.

The COA also noted that Treyes had no participation on the procurement process of the subject transaction and neither did she conspire with those who participated in the procurement process of such transaction, it added.

The motion said conspiracy is not presumed. It must be proved as the act itself.

It would appear that that the indictment of Treyes as a conspirator was based solely on the presumption that she failed to examine the supporting documents, the motion said. This findings, failed to consider that the primary function of Treyes in the transaction is only to certify as to the existence of an appropriation, it also said.

The supporting documents will show who are primarily liable and who were the authors of the spurious transaction, the motion said. It is only unfortunate that in the process of determining those who should be held responsible, innocent officials, like Treyes, was equally indicted for a crime she has not committed, it added.

Meanwhile, Valdez had said she believes all papers in the transactions were in order because these were reviewed by accountable officials as with all papers of government especially those involving funding. She said she believes she and her nine co-accused will be cleared of the case filed by the COA.*CGS

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