Sandigan dismisses charges vs ex-Tudela mayor

CEBU, Philippines — The Sandiganbayan second division has cleared former Tudela mayor Rogelio Baquerfo of the malversation of public funds charges filed against him for allegedly misappropriating public funds and for using it for personal benefit.

Associate Justice Michael Frederick Musngi dismissed the case, lifted and set aside the hold departure order against Baquerfo.

"...the court finds accused not guilty of the offense charged, for failure of the prosecution to prove his guilt beyond reasonable doubt,” read the decision.

Baquerfo allegedly misappropriated P250,000 public funds on November 16, 2002 and used the money for personal benefit.

Despite demands, he allegedly failed to settle his account to the damage and prejudice of the municipality of Tudela.

In 2017, Baquerfo filed a motion for leave to file a demurer to evidence.

However, this was denied for failure of Baquerfo and his counsel to appear during the scheduled hearing despite notice and failure of the motion to specifically state the grounds in support thereof.

Thus, trial was set for the presentation of defense evidence.

Numerous resetting was granted by the court for the presentation of defense evidence due to non-appearance of Baquerfo and his counsel.

Due to their non-appearance, the prosecution moved that the case be submitted for resolution.

The Sandiganbayan, upon evaluation of the evidence, found Baquerfo did not commit the crime charged. There was no evidence that would show that indeed Baquerfo misappropriated public funds.

"A careful perusal of all documentary and testimonial evidence on record 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.

The burden of proof lies on the prosecution and it must rely on the strength of its own evidence, according to the Sandiganbayan, and not anchor its success upon the weakness of the evidence of the accused.

The Sandiganbayan ordered that the cash bond posted by Baquerfo for his temporary liberty will be returned. (FREEMAN)