For withdrawing funds of Tudela: Baquerfo sues Gwen, 2 others

CEBU, Philippines – Tudela Mayor Rogelio Baquerfo Sr. yesterday filed criminal and administrative charges for malversation of public funds and violation of the Anti-Graft and Corrupt Practices Act against Cebu Governor Gwendolyn Garcia and two other provincial officials.

Baquerfo alleged that Garcia and the two others conspired to withdraw more than P4 million from the municipal coffers without authority.

Through his counsels Noel Archival and Mundlyn Misal-Martin, Baquerfo also asked the Office of the Ombudsman Visayas that Garcia and the two other respondents — provincial treasurer Roy Salubre and provincial accountant Marieto Ypil — be placed under preventive suspension.

He likewise reserved the right to file a disbarment case against Salubre, who is also a lawyer by profession.

Baquerfo accused the governor and the two Capitol department heads of committing malversation of public funds and graft and corruption when they allegedly conspired to withdraw P4,244,895 municipal funds.

The withdrawal was allegedly done prior to the effectivity of the memorandum of agreement which he and Demetrio Granada, who also claims to be the legitimate mayor of Tudela, entered into authorizing the governor to pay the wages of all the job order workers that he appointed as well as those appointed by Granada.

The MOA, Baquerfo said, took effect on December 5, 2008 but prior to it Garcia, Salubre and Ypil have already withdrawn P4.2 million from the municipal funds.

The first withdrawal was made on November 11, 2008 in the amount of P2,485,000. It was followed by three more withdrawals in December 3; P59,895; P1,600,000 and P100,000, respectively.

Baquerfo alleged that the withdrawals were made without supporting documents such as vouchers and other necessary documents signed by the department heads required to support the cash advances.

“The withdrawal by Gov. Gwendolyn Garcia, Atty. Roy Salubre and Marieto Ypil of the aforesaid amounts in the account of the Municipality of Tudela, Camotes, Cebu is certainly to the damage and prejudice not only to its constituents but mainly to the Government of the Philippines,” Baquerfo’s complaint read.

According to Baquerfo, Garcia is liable because she acted as municipal mayor “without any color of author.”

He said, Garcia cannot invoke the general welfare clause under the Constitution to justify her “unsupported withdrawal in the account of the Municipality of Tudela.”

Salubre on the other hand could not also wash his hands of the alleged violation being a co-signatory of the check while Ypil had been reportedly remiss of his responsibility to look into the completeness of the vouchers and other necessary documents and the regularity of the withdrawals.

Based on the document Baquerfo had attached to his complaint, a total of P5,689,265 has been withdrawn from the municipal coffers of which P4,929,528.49 have been disbursed as of January 29.

The documents showed that P193,478.50 had been returned by Salubre in February 2.

The governor decided in December last year to take over the disbursement of the municipal funds of Tudela after the delivery of basic services have been hampered because of the political tug-of-war between Baquerfo and Granada.

Municipal employees then were already complaining because they have not been paid of their salaries because of the situation that both Granada and Baquerfo claim to be the mayor.

Garcia then issued an executive order invoking the general welfare clause to ensure that the employees are paid especially that Christmas was then approaching. Granada and Baquerfo then came into an agreement to authorize the governor to disburse the municipal funds.

Baquerfo was declared by the Commission on Elections as winner after the elections in May 2007. Granada filed an election protest, which the Regional Trial Court in Danao City declared him as the real winner.

Baquerfo however appealed the court decision before the Comelec which is yet to be resolved. But, despite of it Granada has already forced himself into acting as municipal mayor of Tudela despite an adverse opinion from the Department of Interior and Local Government, which still recognizes Baquerfo. –/NLQ (THE FREEMAN)