Puentevella’s TRO petition vs suspension order denied

BACOLOD CITY — The Supreme Court denied yesterday, Thursday, Oct. 22 the petition for certiorari with application for temporary restraining order (TRO) filed by Bacolod City Mayor Monico Puentevlla against the 90-day preventive suspension issued against him by the Sandiganbayan pending an investigation of the graft case he is facing.

The case involves his alleged overpricing of computer packages involving alleged overpriced computer package, which amounted to 26 million at 400,000.00 per computer unit . The graft case against Puentevella et al, stems from the alleged overpriced purchase without benefit of public bidding, computers and software packages worth 26 million or 400,000 per package unit obtained within the period 2001 to 2006 when Puentevella was Bacolod City congressman. The money used to purchase the allegedly overpriced items came from Puentevella’s Priority Development Assistance Fund (PDAF), or pork barrel as member of Congress.

Atty. Ralph Sarmiento, Puentevella's legal counsel wo confirmed the highest court's denial, saying that the TRO is already moot and academic and has already served its purpose, so, it has no effect on the Mayor's case.

Aside from the petition for certiorari with application for TRO that Puentevella filed with the Supreme Court, he also filed a Motion for Reconsideration (MR) before the Sandiganbayan last October 1, just to prevent the graft court and the Department of Interior and Local Government (DILG) from immediately implementing the suspension order without first giving him a chance to file a motion for reconsideration. He also said that he had not yet received a copy of the suspension order.

Sarmiento said that they had thought the order was not immediately final and executory, and that Puentevella still had the right to file a motion for reconsideration (MR) with the Sandiganbayan, and a TRO with the High Court. “But with the DILG’s statement that they would wait if Puentevella files a MR, the TRO is no longer needed and would no longer serve any purpose,” Sarmiento said, adding that “if the result of the hearing at the Sandigan Bayan on Friday, October 23 is unfavorable (to Puentevella), , Puentevella could still question it in the Supreme Court by way of another petition for certiorari with application for TRO.”