Ex-Kalinga mayor pleads guilty to lesser offense

Malversation charge 

TABUDAN, Kalinga -- Former Tanudan Mayor Francisca P. Cawi has skirted a malversation charge against her before the Sandiganbayan Seventh Division by entering into a plea bargaining agreement with the prosecution.

She escaped a possible prison sentence and was instead imposed the penalty of P6,000 after being found guilty beyond reasonable doubt of the lesser offense of violation of Article 218 of the Revised Penal Code, as amended by R.A. 10951.

Cawi was initially slapped with a violation of Article 217 of the RPC, otherwise known as Malversation of Public Funds, for reportedly misappropriating P2.9 million worth of public funds from June 2004 to June 2007.

When she was arraigned on Oct. 11, she entered a plea of not guilty. On Nov. 29, Cawi had a change of heart as she filed a manifestation and omnibus motion, praying for her re-arraignment to the lesser charge of Failure to Render Accounts, which is penalized under Article 218 of the RPC.

The prosecutors in charge of the case, Jackson Domantay and Alexie Jane Tadeo, sought the approval of Ombudsman Samuel Martires regarding the plea bargaining made, and he gave his approval.

The conformity of the Commission on Audit (COA) was likewise sought, since it is required by Section 2, Rule 116 of the Revised Rules on Criminal Procedure.

“By reason of the foregoing, the Court is left with no recourse but to render and pronounce judgment taking into consideration all the attendant circumstances in order to determine the proper penalty to the imposed when accused Cawi withdrew her ‘not guilty’ plea and entered her plea of ‘guilty’ prior to prosecution’s presentation of evidence,” the judgment read.

The six-page judgment was written by Associate Justice Georgina Hidalgo with the concurrence of Chairperson Ma. Theresa Dolores Gomez-Estoesta and Associate Justice Zaldy Trespeses.

From June 2004 to June 2007, Cawi was accused of abusing and taking advantage of her official position when she obtained custody of Landbank of the Philippines checks issued in her name with the total amount of P2,905,243.83.

These checks represented cash advances received from the coffers of Tanudan, supposedly to defray expenses and municipal obligations. However, Cawi failed to liquidate the account despite demands for her to do so.