FORMER Tudela Mayor Rogelio Baquerfo Sr. is facing a jail term of 12 to 18 years and eight months after the Sandiganbayan convicted him of malversation of public funds.
In its decision dated August 10, the anti-graft court's Seventh Division found him guilty of failing to account for 350 bags of cement intended for the municipality in June 2003.
Apart from the jail term, the Sandiganbayan also ordered Baquerfo to pay a fine of P57,750 plus six percent interest per annum from the finality of the decision.
Baquerfo was barred from working again in government.
In his testimony in court, the former mayor denied having in possession the cement worth P339,233.33, which was paid for using public funds.
But during the clarificatory hearing of the case, Baquerfo admitted that the bags of cement were delivered to his house.
He took the cement paid for by the town's coffers supposedly as replacement for the cement that he and his wife lent to the town for its beautification project.
The Ombudsman's transcript showed that Baquerfo recanted the admission although he did not elaborate why he did so.
“Except for his bare denial of custody of the subject public property, no other evidence was offered by accused to rebut the evidence presented by the prosecution,” the Sandiganbayan's decision read.
Baquerfo’s successor, the late Demetrio Granada, demanded that he return the bags of cement, but failed to do so.
Pursuant to Article 217 of the Revised Penal Code, it said the failure to comply with such demands “shall be prima facie evidence that he has put such missing funds or property to personal use.” (GMD/VoxPop Cebu)