The Sandiganbayan has affirmed the conviction of Evelyn Catharine O. Silagon, chairperson of the Board of Directors (BOD) of the Oroquieta City Water District (OCWD), for the P3.8 million illegal disbursements of cash advances.

In a resolution issued last April 14, the anti-graft court denied Silagon's motion to reconsider her conviction handed down on Dec. 2, 2024.

Silagon was found guilty beyond reasonable doubt of four counts of violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act; one count of violation of Section 106 of Presidential Decree No. 1445, the Government Auditing Code; and two counts of violations of Article 218 of the Revised Penal Code on  failure of accountable officer to render accounts.

However, the same resolution modified the amount of her civil liability in SB-17-CRM-0258 (failure of accountable officer to render accounts), and Silagon was ordered to pay P850,864 instead of P850,854 in the said case.

In convicting Silagon, the court said the prosecution proved that the OCWD suffered injury in the total amount of P3,802,589.71 when she made illegal disbursements.

The court said that Silagon was accountable for the funds she requested and received as cash advances to pay the organizational costs amounting to P1,303,136 (SB-17-CRM-0258) and administrative expenses amounting to P2,042,923 (SB-17-CRM-0259). However, she failed to liquidate P850,864 and P1,322,923 for organizational costs and administrative expenses, respectively, it also said.

In her motion, Silagon argued that she did not act with evident bad faith and gross inexcusable negligence in the disbursement of cash advances and hiring of consultants without public bidding because these were approved by the BO of OCWD upon the legal opinion of lawyer Pedro L. Suan.

She added that the budget utilization requests and supporting documents were certified as valid, proper, and legal, while the disbursement vouchers were certified as necessary, lawful, complete, and proper by the Administrative Division manager, Department manager, and Finance officer of the OCWD.

However, the anti-graft court found that her arguments were nothing but "repetitions of the same issues and arguments" that have already been considered and passed upon back in  last December's decision.

"After a review of the records of these cases and the arguments raised by both parties, the court denies the Motion for Reconsideration dated Dec. 17, 2024 of Silagon. The issues and arguments raised by Silagon in her motion for reconsideration are without merit," the court said.

While she is the chairperson of the BOD of the OCWD, the anti-graft court said that Silagon is not exempt from liability as she is still accountable for unliquidated and disallowed cash advances amounting to P3,802,589.71.

The five-page resolution 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.