CEBU, Philippines – Tudela Mayor Rogelio Baquerfo was acquitted by the Sandiganbayan of the graft charges that his political rival filed against him for turning over part of the municipal water works system to the management of one of the barangays in the municipality.
Justice Ma. Cristina Cortez-Estrada of the Sandiganbayan 5th Division acquitted Baquerfo of the case that Demetrio Granada filed for violation of Section 3 (e) of the Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act by granting the accused’s demurer to evidence.
The anti-graft court, in a decision promulgated May 21, 2009, found the prosecution’s documentary and testimonial evidence against Baquerfo wanting.
“The court finds the prosecution’s documentary and testimonial evidence insufficient to establish the commission of the crime charged,” the court ruled.
According to the court, the prosecution failed to prove that the act of transferring the management of the Purtobello Waterworks System to the barangay officials was done in bad faith and evident partiality. The court instead found it was the contrary.
“In deed, what has been apparent, instead, was the noble intention of accused to hasten the delivery of water services,” the court decision read.
According to the court, it did not find any unwarranted benefit, advantage and preference to the barangay when Baquerfo turned over the management of the water system to the barangay officials of Puertobello where the water system is serving.
Baquerfo’s lawyer Noel Archival said in a statement that the anti-graft court decision is a “clear vindication” on the part of his client.
Granada earlier filed the criminal case against Baquerfo after the latter turned over to Puertobello the waterworks on April 15, 2004. Granada alleged that the turnover was made without a resolution of the municipal council. – Fred P. Languido/BRP (THE FREEMAN)