Ex-Tudela mayor cleared

CEBU, Philippines — The Sandiganbayan Second Division has cleared former mayor of Tudela town, Cebu of malversation charges in connection with the alleged misappropriation of public funds.

Rogelio Baquerfo was accused of misappropriating P250,000 in financial aid after allegedly converting it into his personal use and benefit.

Associate Justice Michael Frederick Musngi, who penned the decision, however, found no evidence that would prove Rogelio Baquerfo had indeed misappropriated the P250,000 in financial aid from the Presidential Social Fund (PSF) released on November 16, 2002.

“A careful perusal of all documentary and testimonial evidence on records shows that the plaintiff failed to satisfactorily prove that accused Baquerfo appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take the public fund,” read the decision.

On November 16, 2002, the municipality of Tudela received a financial assistance for socio-civic projects in the amount of P250,000.

The assistance was intended for the small-and-medium enterprises under the “Isang Bayan, Isang Produkto, Isang Milyong Pisong Programa ni Pangulong Arroyo.”

Tudela was among the beneficiaries of the P49.50 million PSF assistance approved by former president and now House Speaker Gloria Macapagal-Arroyo.

But the aid was not reportedly recorded in the town’s books of accounts, prompting former mayor Demetrio Granada to file charges against Baquerfo.

On October 9, 2017, Baquerfo through counsel filed a motion for leave to file demurer to evidence. This after the prosecution rested its case.

Baquerfo’s motion, however, was denied after he and his counsel failed to attend the scheduled hearing. Thus, trial continued.

Still Baquerfo and his counsel failed to appear before the court for the presentation of their defense evidence, despite numerous resetting.

The prosecution then moved that the right of Baquerfo to present evidence be deemed waived, which was granted by the court.

In its 37-page decision, the Sandiganbayan found no ground that would hold Baquerfo criminally liable.

“The plaintiff’s main theory is that Baquerfo…took and misappropriated the P250,000…by surreptitiously using LBP Check No. 0000157425, representing the said fund, as payment for his personal obligation, which is the refund of his previous cash advance of P150,000. The remaining balance of P100,000 was allegedly given by [municipal treasurer] Angelita Roble to him in cash as change,” read the decision.

But Musngi said neither direct nor circumstantial evidence proved such theory.

Moreover, the Sandiganbayan ordered the return of the cash bond posted by Baquerfo for his temporary liberty. The hold departure order issued against him was likewise ordered lifted and set aside. — KBQ (FREEMAN)