Dapitan City: The Supreme Court (SC) has affirmed the conviction of former Dapitan City, Zamboanga del Norte mayor Joseph Cedrick Ruiz for corruption and misuse of almost PHP1 million in confidential and intelligence funds.
According to Philippines News Agency, a decision by the First Division upheld the Sandiganbayan's ruling, finding Ruiz guilty of violating Section 3(e) of Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act, and Article 217 of the Revised Penal Code on malversation of public funds. Ruiz served as mayor from 1998 to 2001.
Court records showed that weeks before the end of his term, he ordered deputy chief of police Pepe Nortal to request a cash advance of PHP1 million, representing the city's entire 2001 confidential funds, supposedly to address post-election violence. Despite objections from the city's finance officers, Ruiz approved the request and signed the disbursement documents. Nortal encashed the check and turned the money over to Ruiz, who gave him PHP50,000 for police operations but failed to account for the rest of the funds. Nortal later filed a complaint before the Office of the Ombudsman.
Ruiz denied receiving the money, claiming Nortal was responsible for the request. However, both the Sandiganbayan and the SC rejected his defense. The SC said public officers may be held liable for corruption under Section 3(e) of RA 3019 if, while performing official duties, they cause harm to any person or the government, or give unfair benefits or favors to someone through clear bias, obvious bad faith, or gross negligence.
The SC found that Ruiz committed corruption when, after losing the elections, he instructed Nortal to request the release of the confidential funds just weeks before the end of his term. The SC noted that if Ruiz had genuinely intended to use the funds to address post-election violence, he should not have requested the full amount allocated for the entire year.
The tribunal highlighted that Ruiz's actions caused harm to the city by depleting its confidential funds and forcing it to realign its remaining resources. The SC also found that the request was made in bad faith. Due to previous unliquidated advances, Ruiz could not directly request additional funds himself. Instead, he had Nortal submit the request on his behalf, while Ruiz still signed as a co-requesting official and coordinated with other finance officers to ensure the funds were released.
Even when finance officers raised objections, stating that the release should be done in two tranches and only to a properly bonded officer, Ruiz falsely claimed that Nortal's bond was already being processed and persisted with the disbursement.
The SC held that Ruiz committed malversation when he used the confidential funds for personal gain. As mayor, he had control and responsibility over these funds. He signed the disbursement voucher, making him the approving authority for the cash advance. Without his signature, the check could not have been issued.
The SC warned public officials against committing graft and corruption, emphasizing that public office is a public trust. They stated that a person's desire to hold public office should not be based on selfish ambitions to enrich oneself at the government's expense, and that public office should not be viewed as a business opportunity.
The SC imposed the penalty of up to eight years in prison for each violation, perpetual disqualification from public office, and a fine of PHP 950,000 equal to the amount of misappropriated funds.
