The Sandiganbayan has convicted former mayor Voltaire Anthony C. Villarosa of Mamburao, Occidental Mindoro of violation of the Government Service Insurance System (GSIS) Act of 1997 and ordered his perpetual disqualification from holding public office.
Villarosa was also sentenced to two to four years imprisonment and ordered to pay a fine of P10,000 for violation of Section 6(b) in relation to Section 52(g) of Republic Act No. 8291, the GSIS law.
However, he was acquitted of graft charge and alleged violation of Section 81 in relation to Section 272(b) of R.A. No. 8424, the Tax Reform Act of 1997.
Villarosa was charged for the failure of the municipality to turn over the remittance of the GSIS premiums and contributions of its officials and employees covering the period from Sept. 20, 2015 to May 20, 2016 amounting to P4,808,283.63.
In its decision, the anti-graft court said that Villarosa, as local chief executive of Mamburao, is "duty bound" to enforce the provisions of RA 8291. However, he failed to remit the GSIS contributions within 30 days from which they became due and demandable, the court said.
While Villarosa argued that he passed the responsibility of signing checks for the payment of the GSIS contributions, the court said that he failed to adduce evidence proving such delegation of responsibility.
"Villarosa cannot absolve himself from liability by merely passing the buck to the municipal administrators," the decision stated. "Even granting that there was indeed a delegation, Villarosa should have followed up on the status of the items he has delegated," it said.
The 46-page decision was written by Associate Justice Karl B. Miranda with the concurrence of Sixth Division Chairperson Associate Justice Sarah Jane T. Fernandez and Associate Justice Kevin Narce B. Vivero.