Ex-Toledo mayor meted 40 years imprisonment

CEBU, Philippines - The Regional Trial Court in Toledo City has meted former mayor Ricardo Rafols, Jr. the penalty of reclusion perpetua or 20 to 40 years imprisonment after he was found guilty of malversation of public property.

RTC Branch 59 Judge Hermes Montero also ordered Rafols to pay the P208,849.86 worth of government properties, including cook wares and kitchen utensils, which he failed to return when his term as vice mayor of Toledo City ended in 2001. Rafols served as the city’s mayor before he got elected vice mayor in 1996.

The court likewise meted Rafols the accessory penalty of perpetual disqualification from holding public office. Hermes ordered Rafols’ detention at the Toledo City jail pending appeal.

The case stemmed from a complaint filed by the local government of Toledo City because the former official’s failure to return the properties issued to him despite repeated demands.

Based on record, Rafols failed to return five pieces of kawali or huge frying pan, 452 pieces of plates, one unit of radio transceiver, five units of handheld radio, 20 boxes of series lights and nine units of Motorola radio amounting to P208,849.86.

Rafols pleaded not guilty during his arraignment. But, the lone prosecution witness Hilario Alferez, head of the city’s general services office, showed documents to prove that the properties enumerated in the complaint were issued to the vice mayor.

Alferez said the city legal office has sent several demand letters to Rafols but the latter failed to comply. Rafols presented eight witnesses including himself to prove that he is innocent of the crime charged against him.

According to Rafols, some of the items enumerated in the complaint were already returned by him. He cited two handheld radios, one Motorola radio, 217 pieces of plates and ten other handheld radios.

He however admitted that the other items such as the kawali and other kitchen utensils could not anymore be located because these were used by the different barangays. Rafols argued that it was not his duty but of the property custodian to receive these items.

But the court said there were no evidence to support Rafols’ claim that some of the properties were already returned.

“There are no receipts to prove that the properties were indeed returned. Again, evidence, to be worthy of credit, must not only proceed from a credible source but must, in addition, be credible in itself,” the decision read.

Montero added the positive testimony of the prosecution witness prevails over the denial of the accused.     –- THE FREEMAN