judicial action” 177; iii) “the Municipal Councils may approve additional budget allocations
to the Expenses Budget, per request of the Mayor, with funding from-among others-the
savings from the expenses made or estimated in the fiscal year, to which the Organic Law
of the Municipal regime authorizes the declaration of total or partial annulment, only of
the budget allocations of programs, subprograms, projects, and consignations that would
reflect the savings from the expenses; that is, consignations not used entirely or only
partially used178; iv) “the Municipalities can approve additional allocations to cover the
necessary costs not foreseen or insufficient budget allocations, by way of the declaration
of non-subsistence or annulment of a budget consignation in order to direct it to the
consignation that corresponds to those expenses […]. [S]aid annulment is not
appropriate for those consignations aimed at complying, based on a legal mandate, with
a specific purpose,” 179 such as that of the 10%; v) the Mayor’s Office of the Municipality
of Chacao was to transfer the amount for [f]ive [t]housand [f]ive [h]undred and [f]ortyfive [m]illion Bolivares (Bs. 5,545,000,000.00) […] to the Metropolitan District of
Caracas, during the 2001 fiscal year pursuant to that foreseen in the law.
Notwithstanding, the highest authority of the Municipality declared the partial annulment
of the budget allocations assigned to Consignment No. 4.07.02.02.04 denominated
‘Transfer of Capital to Federal Entities,’ for the total amount of [t]wo [t]housand [s]even
[h]undred and [f]orty-three [m]illion, [f]our hundred and sixty-four thousand and forty
one Bolivares and fifty-seven cents (Bs. 2,743,464,041.57), […], by way of Resolution
No. 148-02 of October 25, 2002,”180 and vi) “of the reading of the actions raised in the
sessions Nos. 0-73,0-74, EXT.13 and 0-80 of October 31, November 5, 15, and 26, 2002,
respectively, it is noted that the Municipal Council of Chacao approved the additional
allocations with the funds stemming from the consignation whose annulment was
declared by the Mayor of the stated Municipality,” 181 thereby employing the public funds
for purposes distinct from those established in the Law.
88.
On April 5 and 18, 2005, the Comptroller General forwarded the actions
undertaken in the case of the Municipality of Chacao to the Public Prosecutor’s Office182 in
order for the corresponding criminal investigation to be carried out, since the respective
administrative offenses could be related to some criminal offenses.183
177
Judgment No. 912 of August 6, 2008, of the Political-Administrative Chamber of the Supreme Tribunal
of Justice, supra note 111, folio 519.
178
Judgment No. 912 of August 6, 2008, of the Political-Administrative Chamber of the Supreme Tribunal
of Justice, supra note 111, folio 521.
179
Judgment No. 912 of August 6, 2008, of the Political-Administrative Chamber of the Supreme Tribunal
of Justice, supra note 111, folios 521 and 522.
180
Judgment No. 912 of August 6, 2008, of the Political-Administrative Chamber of the Supreme Tribunal
of Justice, supra note 111, folio 522.
181
Judgment No. 912 of August 6, 2008, of the Political-Administrative Chamber of the Supreme Tribunal
of Justice, supra note 111, folio 532.
182
Official letters Nros. 08-01-375 and 08-01-407 of the Comptroller General of the Republic of April 5
and April 18, 2005, (Case file on the merits, tome IV, annex C, folios 1675 to 1679).
183
The State reported several criminal codifications, enshrined in the Law against Corruption, which could
be related to the administrative offenses of which Mr. López Mendoza was found liable, namely: "Article 54. The
public official who, unduly, for perosnal benefit or purposes contrary to those stipulated in the laws, regulations,
resolutions or orders of service, uses or allows another person to use public property or assets held by a public
body or State entity whose administration, possession, or custody has been entrusted to him or her, shall be
punished with imprisonment of six (6) months to four (4) years. Article 56. The public official who illegally gives
income or funds under his or her charge for a different use other than that budgeted or targeted, even if for the
40
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