Former Abra Gov. Vicente Valera and two others are facing criminal charges in the Sandiganbayan for allegedly failing to remit to the government over P14 million in withholding taxes within the required period.
Aside from Valera, ordered charged with 40 counts of violation of the Tax Reform Act were former Abra provincial treasurer Ma. Victoria Villalobos-Alogoc and former provincial accountant Ma. Eloisa Marbella.
But the Office of the Ombudsman cleared them of technical malversation, saying that the withheld funds were not shown to have been used for another purpose. It said the funds, which the provincial government have been holding in trust, were intact.
The complaint against Valera and the others was filed by incumbent Abra Gov. Eustaquio Bersamin, who succeeded Valera.
Bersamin said he learned of the previous administration’s failure to remit the taxes when, upon assuming office, he learned that the provincial government had a pending tax liability.
The Valeras and Bersamins are political rivals. Valera has been accused of being behind the killing of former Rep. Luis Bersamin and is awaiting trial.
In his defense, Valera said he could not be charged because Bersamin’s complaint did not state with particularity the official acts he had committed in violation of the law.
Valera also said that if there were any unremitted taxes, that was just a lapse in administrative procedure and could not be considered a criminal liability.
He contended that the documents attached to the complaint were incomplete and just photocopies.
Marbella defended herself by saying that it was the provincial treasurer and not the accountant that should be held liable. She said it was Alogoc who failed to remit the money.
Alogoc, for her part, said Marbella had been late in preparing the disbursement vouchers for the withheld taxes, which she only received on Valera’s last day as Abra governor.
Alogoc said it would have been impossible for her to remit the taxes earlier because the exact amount to be paid had to be determined by Marbella.