MANILA, Philippines — The Sandiganbayan has convicted former Puerto Princesa City mayor Edward Hagedorn over his failure to return government-issued firearms when his term ended in 2013.
In a 48-page decision promulgated yesterday, the anti-graft court’s third division found Hagedorn guilty of malversation of public property under Article 217 of the Revised Penal Code.
He was sentenced to up to seven years in prison with the accesory penalty of perpetual disqualification from holding public office and forfeiture of retirement and gratuity benefits.
Hagedorn was also ordered to pay a fine of P490,000 with an interest rate of six percent per annum from the date of the finality of the decision until fully paid and reimburse the government P35,000 through the Bureau of Treasury.
In filing the case in 2018, the Office of the Ombudsman said Hagedorn failed to return 14 Armalite rifles valued at P490,000.
The ombudsman said Hagedorn’s action was tantamount to misappropriating the government property for his own personal use and benefit.
Hagedorn claimed the firearms had been returned to the city government prior to the filing of the case against him.
However, the court said the return or restitution of public funds or properties after the commission of the crime “does not extinguish the criminal liability of the responsible public officer.”
“It is clear that accused Hagedorn failed to turn over the... firearms despite three demand letters... This failure... is prima facie evidence that he had put such missing funds or property to personal use,” the court ruling read.
Hagedorn failed to prove that the firearms he turned over were the same that he received when he was city mayor, the court added.
The third division said it was established during the trial that nine of the firearms turned over by Hagedorn have tampered serial numbers.
The decision was penned by Associate Justice Ronald Moreno with the concurrence of Presiding Justice Amparo Cabotaje-Tang and Associate Justice Bernelito Fernandez.