Sandiganbayan suspends mayor, 3 others; former Cebu mayor faces graft

Outperformed the past few days by the Office of the Ombudsman, which has gone on a dismissal blitz, the Sandiganbayan is now on fire.

A day after announcing that it has ordered the two-month suspension of Marinduque Governor Carmencita Reyes, it revealed that Lapu-Lapu City Mayor Paz Radaza and three other officials of Cebu have been suspended by the Sandiganbayan Fifth Divi-

sion for 90 days on graft charges.

The Sandiganbayan had Radaza, Cebu Sangguniang Panlalawigan ex-officio board member Celestino Martinez III, and Bogo City councilors Rhett Minguez and Cresencio Verdida suspended for their alleged involvement in diverting 15 million from the Priority Development Assistance Fund (PDAF) of former Cebu congresswoman Clavel Martinez that was intended for an illegal drugs campaign. Ex-officio board member Martinez, a former mayor of Bogo, is the son of former Rep. Martinez.

In a resolution dated October 21, the graft court granted the motion of the prosecution who sought the suspension of the four officials.

“Clearly, the requisites for suspension are present in this case; hence, the issuance of the order of suspension against the accused should follow as a matter of course,” read the resolution penned by Chairman Roland Jurado and concurred in by Associate Justices Alexander Gesmundo and Ma. Theresa Dolores Gomez Estoesta.

Under the resolution, the four accused are ordered suspended from their positions upon receipt of copies of the resolution.

The Sandiganbayan also sent a copy of its resolution to Department of the Interior and Local Government (DILG) Secretary Senen Sarmiento, who was instructed to implement the order and report to the court within five days of its action.

Under Section 13 of the Anti-Graft and Corrupt Practices Act (Republic Act 3019), the graft court cited that, “Any incumbent public officer against whom any criminal prosecution under a valid information under this Act or Title 7, Book II of the Revised Penal Code or for any offense involving fraud upon government or public funds or property, whether as simple or as complex offense in whatever state of execution and mode of participation, is pending in court, shall be suspended from office.”

How it happened Case records show that on November 19, 2001, the Sangguniang Panlalawigan of Cebu passed a resolution to have the Cebu Councils of the Boy Scouts of the Philippines (BSP-CC) and the Girl Scouts of the Philippines (GSP-CC) include in their programs the enforcement of an anti-drug campaign to be funded by the 2002 PDAF allocation of then Rep. Martinez, who was also at that time President of the GSP-CC.

At the time of the commission of the crime, Rep. Martinez’s son was mayor of the then municipality of Bogo, Minguez was municipal treasurer, Verdida was municipal accountant, and Radaza was municipal treasurer.

Reports made by GSP-CC and Commission on Audit (COA) show that there was no memorandum of agreement between the local government of Bogo and the GSP-CC but the 15 million PDAF was released in two tranches to the former mayor.

The GSP-CC deposited the amounts immediately upon receiving it and afterwards prepared the general voucher for withdrawal of the same amount, payable to cash, which was received by Rep. Martinez.

It found that only 600,000 of the 15million was given to GSP-CC while the rest went to Rep. Martinez.

Ex-Cebu mayor indicted A former town mayor of Cebu province has been charged with graft for using the name of the municipal government to secure an Environmental Compliance Certificate (ECC) for a private subdivision.

The Office of the Ombudsman filed before the Sandganbayan a case against former Consolacion, Cebu, Mayor Avelino Gungob Sr. for violating Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act 3019).

Assistant Special Prosecutor Loreto Cunanan who filed the case recommended that the accused post a bail bond of 30,000.

The case docketed under SB15CRM0146 has been raffled and assigned to the Sandiganbayan Second Division.

Under the case, Gungob is accused of having used his position in unlawfully giving unwarranted benefits, advantage or preference to the owners of Consolacion Heights Residential Subdivision, namely, Jacinto Timonio and spouses Bienvenido Padillo and Josefina Palang.

The Ombudsman indicated that in 2007 Gungob applied on behalf of the owners of the private subdivision an ECC from the Environment Management Bureau of the Department of Environment and Management Resources Region VII.

The accused former mayor got the ECC allegedly by using the name of the municipal government.

In doing so, the Ombudsman said that application for ECC was subsequently granted.