Ombudsman Conchita Carpio-Morales. SENATE POOL FILE PHOTO
MANILA, Philippines—Ombudsman Conchita Carpio-Morales on Wednesday ordered the filing of criminal case against a former mayor in Abra province and a treasurer for their failure to remit municipal employees’ contribution to the Home Development Mutual Fund (HDMF) or Pag-ibig and the Government Service Insurance System (GSIS).
In a 15-page resolution approved by Morales, they found probable cause to indict former municipal mayor Lovelyn P. Domes-ag and municipal treasurer Dorinda B. Bumogas, both of the municipality of Peñarrubia, Abra for 15 counts of Violation of Section 5, in relation to Section 23, of Presidential Decree (PD) No. 1752, as amended by Republic Act No. 7742, for failure to remit the employer’s and the employees’ contributions to Pag-ibig from October 2002 to December 2003.
For failure to remit the exact or correct amount of contributions to the GSIS from July 1998 to June 2002, Domes-ag and Bumogas were also indicted for 48 counts of violation of Republic Act No. 8291 or GSIS Act of 1997.
The Ombudsman also approved the filing of separate 18 counts of violation of the GSIS Act for failure to pay and remit to the GSIS the employer’s and the employees’ contributions from January 2003 to June 2004.
The Resolution found that from July 1998 to June 2006, only the period from July 2002 to December 2002 was accounted for.
The case stemmed from the criminal complaint filed by Ruben M. Amboni and several others stating that the GSIS and Pag-ibig premium contributions and loan amortizations due the Philippine National Bank (PNP) and the Rural Bank of Villaviciosa (RBV) were regularly deducted from their respective salaries, but the same were not fully or not at all remitted to the respective agencies and institutions.
Complainants said they received demand letters from PNB and statement of accounts from GSIS and Pag-ibig, but when they brought these matters to Domes-ag and Bumogas, the two officials refused to explain where the collected funds were spent.
The GSIS contributions that have not been remitted was worth P4,075,251.19 as reflected in the Summary of Social Insurance Contributions Collectibles.
With respect to loan payments for Pag-ibig, however, the Office held that “there is a dearth of evidence on record to support the allegation that deductions for loan payments were made but were not remitted and misappropriated.