The Sandiganbayan has ordered a 90-day suspension of former Optical Media Board (OMB) executive director Cyrus Paul Valenzuela, who is now a court attorney V.
In a resolution dated Sept. 13 as cited in an Ombudsman statement, the anti-graft court approved the preventive suspension of Valenzuela as he faces a graft charge for the alleged pull-out of seized counterfeit to favor a company in 2010.
“(I)t is undisputed that accused Valenzuela is charged with violating Section 3(e) of R.A. No. 3019, an offense for which suspension from office pendente lite is mandatory,” the court said.
The court said the term of office pertains to any office the accused might be holding and not just the office he or she held at the time of the alleged crime.
Valenzuela was ordered to cease and desist from performing and/or exercising his functions and duties for 90 days. The court also forbid him from receiving salaries, benefits and privileges of his present public position or any other public office or position he may now or hereafter be holding during the said period.
READ: Ronnie Ricketts charged with graft over seized pirated discs
Valenzuela is a co-accused of actor and former OMB chairman Ronnie Ricketts in the graft case for allegedly giving undue preference to Sky High Marketing Corp. when Ricketts ordered the confiscation of pirated DVDs (digital video discs) and VCDs (video compact discs) from Sky High’s office only to have the evidence withdrawn.
On May 27, 2010, the OMB seized 127 boxes and two sacks of pirated DVDs, VCDs and a video recording human I.P.C. The seized items were brought to the OMB office in the afternoon but were pulled out in the evening of the same day without any approved gate pass and loaded onto a vehicle owned by Sky High, the Ombudsman investigators said.
READ: Rickett’s coaccused denies part in alleged pullout of seized items
For his part, Valenzuela has denied being part of the operation.
The court in January also ordered the preventive suspension of Ricketts.
READ: Ronnie Ricketts suspended as OMB chair pending graft trial
In seeking the suspension of the accused, the Office of the Special Prosecutor cited Section 13 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, which states that public officials charged with a valid information of graft or violation of the Revised Penal Code involving fraud of government funds will be preventively suspended from office and will lose his or her benefits at the time of his or her suspension. CDG/rga