Violations of Article 211 of the Revised Penal Code were lodged by the Ombudsman against Councilor Rizaldy Dolatre for his continous refusal to return a 1999 Honda City and a Multicab AUV issued to him by the city government.
According to GSO chief Brigida Noche, who first filed the complaint against Dolatre, she had repeatedly tried to goad the councilor into surrendering the vehicles to no avail.
Noche said she issued a memorandum on July 14, 2000 requiring all department heads and city councilors to return all city government vehicles for temporary inventory and maintenance.
But Dolatre refused, contending that the memorandum was issued in excess of authority and was a mere ploy to deprive him of the use of the vehicles.
While admitting that he failed to comply with the directives of Noche, he reasoned out that the GSO should have asked permission from Vice Mayor Oscar Malapitan, presiding officer of the Sandiganbayan, before she could issue the said memorandum.
He added that the vehicles were purchased for the exclusive use of respective members of the city council and that he should not be obliged to comply with the GSO’s directives.
Noche, however, dismissed Dolatre’s justifications, saying the automobiles were still owned by the local government and not by the vice mayor.
She said that there is no need for her to seek the vice mayor’s approval and that the GSO has full authority to issue the memorandum. A trial date has not yet been set.