BACOLOD CITY—The Sandiganbayan 4th division has ordered the 90-day preventive suspension of Bacolod Mayor Monico Puentevella who is facing graft charges for the alleged overpriced purchase of information technology (IT) packages worth P26 million using his pork barrel funds when he was congressman from 2002 to 2007.
In its Sept. 28 resolution, the anti-graft court directed the Secretary of the Department of Interior and Local Government to implement the preventive suspension and to inform the court of the action taken within five days from receipt of the resolution.
“The accused public officer is directed to cease and desist from exercising the functions and privileges of his office for 90 days from receipt of the resolution,” it said.
Resolution was penned by Association Justice Jose Hernandez and concurred by Associate Justices Alex Quiroz and Oscar Herrera Jr.
The mayor has not replied to text messages from the Inquirer asking for his reaction to the suspension. His lawyer Ralph Sarmiento earlier said the mayor had no participation in the awarding and procurement of the IT packages.
Puentevella, the late Victorino Tirol, who was the former Department of Education Western Visayas Director, and Merryland Publishing chairman Jessie Garcia were accused of violating the Anti Graft and Corrupt Practices Act (Republic Act 3019) for the alleged overpriced purchase of IT packages for public elementary and secondary schools in Bacolod in 2002, 2004 and 2005 using Puentevella’s Priority Development Assistance Fund (PDAF) when he was congressman of Bacolod.
The IT package for public elementary schools, worth P400,000 each, was composed of one computer, 50 compact discs, instructional materials and a one-day seminar workshop.
The package for public secondary schools, also worth P400,000, consisted of two computer units, 80 CDs, instructional materials, and a one-day seminar.
In opposing his suspension, Puentevella argued that there was no need to suspend him because he had no control over the prosecution witnesses and evidence.
He also told the Sandiganbayan that he was charged in his capacity as congressman and not as mayor. He also had a pending petition for certiorari in the Supreme Court, questioning the validity of the information filed against him.
But the Sandiganbayan didn’t give weight to his argument, saying Section 13 of RA 3019 makes mandatory suspension of any incumbent pubic official pending criminal prosecution under valid information for any offense involving fraud.
The anti-graft court also pointed out that the Supreme Court had not issued any temporary restraining order or any preliminary injunction that would stop them from proceeding.
“The preventive suspension applies to the office of the public official is currently holding although it may be different from the prior office under which he allegedly committed the offense charged in the information,” the ruling said.
The Sandiganbayan also junked the claim of Puentevella that he could not be suspended because his constituents would be deprived of his services after he was elected into office.
The anti-graft court invoked the Supreme Court decision in Torres vs Garchitorena case where the High Court had stressed that “nobody is indispensable in a public office. There will always be other persons who can be appointed to the temporarily vacated offices…”