Sunday, October 19, 2008

Sandigan orders Rodriguez Mayor PSC's suspension anew

MANILA, Philippines—The Sandiganbayan has ordered the suspension of Rodriguez Mayor Pedro Cuerpo and three other town officials for 90 days on the strength of a graft complaint filed by several evicted residents in 2004, Rizal provincial officials said Sunday.
In an Oct. 3 resolution—copies of which were sent to reporters by the Rizal public information office—the First Division of the graft court granted a motion to suspend Cuerpo and the other accused “pendente lite” or while the case is pending.
Ordered suspended along with Cuerpo were Rodriguez municipal engineer Fernando Rono; Salvador Simbulan, a barangay (village) chair and Renato Evasco, a police officer who Cuerpo said was killed in an ambush four years ago.
The motion seeking the mayor’s suspension was filed by Ombudsman Special Assistant Prosecutor Maria Janina Hidalgo, Rizal officials said.
The Ombudsman earlier said it found sufficient grounds to charge Cuerpo, et al with violating Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
But Cuerpo, in an interview, said the suspension order “was not [yet] final and executory.”
“We filed a motion for reconsideration last week. The court would have to resolve that,” he said, adding that the Sandiganbayan has yet to rule on a pending motion by the private complainants for the presiding justice to inhibit himself from the case.
In their complaint filed at the Office of the Ombudsman in 2004, residents of Barangay Burgos said that “Mayor Cuerpo et al took advantage of their official positions, conspired, acted in bad faith and manifested partiality in the unlawful demolition of [their] tents and temporary shelters … ”
The complainants were identified as Leticia Nanay, Nancy Barsubia, Gemma Bernal, Ma. Victoria Ramirez, Crisanta Oxina and Adelaida Ebio.
Cuerpo, however, defended his action, saying the demolition of the residents’ houses—which were built beside a river—was justified because they were in a “danger zone.”
“From time to time when there’s heavy rain, we have to save them from getting swept away,” he said.
In a three-page resolution, the Sandigan said the graft complaint against Cuerpo and company conformed to all requirements under the rules of court.
“Once the information is found to be sufficient in form and substance, the court must issue the order of suspension as a matter of course. There are no ifs and buts about it,” it added.
In suspending Cuerpo and his co-accused, the Sandiganbayan cited Section 13 of Republic Act 3019 which “makes it mandatory for this Court to suspend any public officer against whom a valid information charging violation of the law or any offense involving fraud upon government or public funds or property is filed.”

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