Sandiganbayan orders suspension of Bacolod mayor in graft charge

BACOLOD CITY—The Sandiganbayan has ordered a 90-day preventive suspension of Mayor Monico Puentevella, who is facing graft charges for the alleged overprice in the purchase of information technology (IT) packages worth P26 million using his pork barrel when he was congressman from 2002 to 2007.

In a resolution, the antigraft court’s Fourth Division on Monday directed the Department of the Interior and Local Government to implement the order and to report on its action within five days.

The decision was penned by Association Justice Jose Hernandez and concurred with by Associate Justices Alex Quiroz and Oscar Herrera Jr.

Puentevella’s lawyer, Ralph Sarmiento, said his client had yet to get a copy of the ruling. But he said the mayor would file a motion for reconsideration and possibly bring the matter to the Supreme Court.

Puentevella, along with the late Victorino Tirol, then regional director of the Department of Education, and Jessie Garcia, chair of Merryland Publishing, has been accused of violating the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) in connection with the purchase of IT packages for public elementary and high schools in Bacolod in 2002, 2004 and 2005.

The items were bought using Puentevella’s Priority Development Assistance Fund when he was then the city’s congressman.

The IT package for public elementary schools, worth P400,000 each, consisted of one computer, 50 compact discs (CDs), instructional materials and a one-day seminar workshop. For public high schools, the package, also worth P400,000, consisted of two computer units, 80 CDs, instructional materials and a one-day seminar.

Puentevella earlier argued that there was no need to suspend him because he had no control over the prosecution witnesses and evidence. He also told the court that he was charged in his capacity as congressman and not as mayor.

He also has a pending petition for certiorari in the Supreme Court, questioning the validity of the information filed against him.

The Sandiganbayan did not 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.

It also pointed out that the Supreme Court had not issued any temporary restraining order or any preliminary injunction that would stop them from proceeding.