The Sandiganbayan has ordered suspended North Cotabato Governor Emmylou Taliño-Mendoza for 90 days as she faces a graft charge for the anomalous procurement of diesel purchased from her mother’s gas station.
In a resolution by the anti-graft court First Division promulgated on Tuesday, the court granted the Office of the Special Prosecutor’s motion to suspend pendente lite Mendoza, the governor who figured in the violent dispersal of farmers in Kidapawan city last April that killed three farmers.
READ: Prosecutors seeks suspension of North Cotabato gov over graft rap
The court said the graft information against Mendoza was valid and she had been arraigned when she pleaded not guilty to the charge, and thus her suspension for graft is in order.
The court said Mendoza’s suspension is mandatory in compliance with Section 13 of the Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, which states that an incumbent public officer facing a valid information of graft or violation of Revised Penal Code involving fraud of public funds should be preventively suspended from office.
“Wherefore, in light of all the foregoing, the prosecution’s motion is hereby granted. As prayed for, accused Emmylou Taliño-Mendoza is hereby suspended as Governor of the Province of North Cotabato and from any other public office which they may now hold or hereafter be holding, for 90 days from receipt of this resolution,” the court said.
The court ordered the Interior and Local Government Secretary to implement the order.
READ: Court finds probable cause to try N. Cotabato gov Mendoza for graft
The prosecution has moved for her suspension for fears Mendoza might use her position to frustrate her prosecution, tamper with evidence and intimidate witnesses.
In her comment opposition, Mendoza countered that her suspension from office would not serve the purpose given the factual circumstances of the case, and that she has not committed the criminal offense of graft. She however requested that she be not suspended for more than 90 days.
Mendoza stands accused of graft after authorizing the release of P2.4 million from the provincial funds to pay for 49,526.72 liters of fuel used for one road grader and four dump trucks utilized for a two-day road rehabilitation projects.
READ: North Cotabato gov Mendoza faces graft rap
No public bidding was conducted, and instead the provincial government directly contracted for fuel with the gas station owned by Mendoza’s mother, the Ombudsman prosecutors alleged.
Mendoza said it was only the Taliño Shell Station which was “willing to accommodate the credit term requested by the provincial government.”
But Morales said “there was no compelling justification for dispensing with the requirement of public bidding.”
The Ombudsman said “the great disparity between the estimated 552 liters of diesel actually consumed for the two-day road maintenance project in Magpet vis-à-vis the 20,833 liters actually paid for, is proof that the fuel-purchase transaction is illegal and that this transaction is obviously a scheme to pocket government funds.”
READ: Sandigan orders arrest of N. Cotabato gov Mendoza
Mendoza denied that she handpicked the Taliño Shell Gas Station in the purchase of diesel fuel instead of conducting a public bidding.
She added that the Taliño Gas Station owned by her mother actually gave the most advantageous offer because of the lowest price. It was also the nearest gas station in the area.
Mendoza maintained that she approved the resolution of the bids and awards committee to grant the contract to Taliño Gas Station in good faith because there were no red flags in the transaction.
Governor Mendoza earlier received flak on social media for her sentiments for the bloody Kidapawan farmers’ dispersal, when she criticized politicians who were donating sacks of rice to the farmer protesters and using North Cotabato as a political “staging ground.”
The police on April 1 fired at the farmer protesters, killing at least three farmers, one of whom was shot in close range while raising his hands, and injuring 116 others. The farmers were protesting for rice amid the drought season.
During the Senate fact-finding hearing in Davao City, Mendoza denied ordering the violent dispersal of farmers, with senators claiming the law does not allow the police to be armed during rally dispersals. CDG/rga