The declared fiscal responsible was the person who had the function of advancing the necessary steps to collect the credits in favor of the entity and omissively did not comply with his duty.
The Comptroller General of the Republic, through its Departmental Management in Chocó, handed down a judgment with fiscal responsibility for the indexed sum of $22,541 million pesos, as gross negligence, against the former Liquidating Agent of the ESE Hospital San Francisco de Asís in Liquidation of Quibdó, Blanca Elvira Cortés Reyes, for the patrimonial damage that occurred due to her omission to obtain the payment of the operating surpluses of the hospital during the years 2008 to 2012 in the liquidation process of Caprecom, corresponding to a portfolio of $16,653 million.
The hospital could not obtain the payment of those resources for the concept of surpluses and those more than $16 billion were not counted on in the liquidation process for the payment of receivables.
The same Constitutional Court, in 2019, certified copies to the control entities to investigate the actions of the liquidating agent that led to the non-recognition of this credit within the Caprecom liquidation mass, which resulted in the loss of opportunity for the hospital to recover the money owed by Caprecom.
For the control entity, it is unacceptable that, in a region like Chocó with such serious health care problems, the failure of administrators to fulfill their duties results in the loss of the opportunity to collect a considerable amount, which would have been enough to cancel the total current liability of said hospital center and provide it with new equipment to care for the population.
Within this process, precautionary measures were decreed to seize the assets and bank accounts of the former official, to guarantee the compensation of public resources.
There was an omissive conduct The Comptroller verified that in this case there was patrimonial damage to the state as a consequence of the omissive conduct of the then Liquidating Agent of the ESE Hospital San Francisco de Asís, by not fully fulfilling one of her functions: taking steps forward necessary for the collection of credits in favor of the entity, and this was expressed in the ruling with fiscal responsibility against it, as follows:
“Because he was the Liquidating Agent at the time of the facts, he was the person who had the function of taking the necessary steps to collect the credits in favor of the entity and in an OMISSIVE manner he did not comply with his duty by taking the necessary steps with in order to achieve the collection of the credits and receivables in favor of the ESE HOSPITAL San Francisco de Asís in Liquidation, for this reason the entity lost the resources causing a patrimonial detriment”.
According to the Comptroller’s Office, the then Settlement Agent demonstrated a lack of diligence by not carrying out administrative and legal procedures aimed at achieving the recognition and payment of the operating surpluses of the hospital during the years 2008 to 2012.
Taking this conduct into account as the cause of the patrimonial damage, the Comptroller General of the Republic, through its Collegiate Departmental Management of Chocó, ruled individually against him for the sum of $16,653 million plus the value of the indexation, which shows a total of $22,541 million.