Hagedorn appeals junking of motion to dismiss guns case

Former Puerto Prinsesa City, Palawan Mayor Edward Hagedorn has appealed the Sandiganbayan's denial of his bid to dismiss his case over the alleged non-failure to surrender 14 local government-owned firearms.

In his September 11 motion for reconsideration, Hagedorn said the Third Division must reverse its decision since he already returned the Armalite rifles assailed by the prosecution.

“The presumption of conversion has been successfully rebutted in light of proof that all the subject rifles had already been returned to the government. As it stands, the information does not have any leg to stand on,” Hagedorn said.

Hagedorn was accused of malversation of public property for failing to return 14 rifles valued at P490,000 under his custody to the city government upon the end of his term as mayor on July 1, 2013.

The Sandiganbayan earlier denied the move of Hagedorn to dismiss his case outright, urging him to instead present his defense durin the trial proper.

Hagedorn, however, said the facts of the case is already negated after he returned the firearms to the proper authorities.

He said nine of the 14 were surrendered to the Puerto Prinsesa City Police Office in March 2017.

Hagedorn further said the affidavits of his former staff, Rogelio Roquid and Erzon Evangelista, showed that he only acted in good faith in trying to retrieve them until the proper custodians were determined.

“It is not part of the accused’s duties as Mayor of Puerto Prinsesa to receive and safekeep the 14 units of refurbished M16 Armalite rifles. It is his security detail and/or personnel who received the subject rifles who have the duty to keep safe and account for the same,” Hagedorn said.

“In all, the accused was able to present facts which destroy the prima facie (based on first impression) truth accorded in the allegations,” he added. —NB, GMA News