Sandiganbayan acquits ex-barangay treasurer

The Sandiganbayan said the case should have been filed outside the Olongapo RTC.

A former barangay treasurer was found not guilty of embezzling more than P500,000 in public funds after the Olongapo Regional Trial Court lacked jurisdiction in deciding the case.

The Sandiganbayan Second Division ruled that Eren Berromilla, the former treasurer of Barangay West Bajac-Bajac in Olongapo City, was innocent after declaring the lower court’s decision null and void.

Berromilla was previously found guilty by the RTC in February 2022 of malversation of public funds, allegedly embezzling P533,734 of representing the barangay’s miscellaneous income.

He was sentenced to up to eight years in prison and ordered to pay a fine of P533,734 with 6 percent interest per year.

An audit by the Commission on Audit in May 2016 revealed a P698,279 cash shortage attributed to Berromilla, which was later reduced to P611,445, then further to P533,734 after Berromilla pleaded for restitution.

According to court records, Berromilla failed to account for the sum, most of which was reportedly disbursed to other barangay employees under the barangay captain’s instruction, as part of their cash advances.

Although admit ting negligence, Berromilla argued that none of the missing funds benefited him personally.

Berromilla sought to reverse his conviction before the Sandiganbayan, citing the lack of jurisdiction of the Olongapo RTC, in the place where he served as barangay treasurer, pursuant to Republic Act 10660.

The law, effective since May 2015, mandates that cases falling under the RTC’s jurisdiction shall be tried in a judicial region other than where the official holds office.

The Sandiganbayan ruled that the law had been enforced before the alleged malversation occurred in 2016.

“Having resolved that the trial court had no jurisdiction over the crime charged, we find it unnecessary to discuss Berromilla’s contention in his appeal,” the Sandiganbayan stated.

The Sandiganbayan noted that since Berromilla’s case did not meet the threshold amount of P1 million, the RTC has original and exclusive jurisdiction over the case, which should have been filed outside Olongapo RTC.