Sandigan suspends manager of lake body
ACTING on a motion of the Office of the Special Prosecutor, the anti-graft court Sandiganbayan has suspended Secretary Nereus Acosta from office for alleged corruption, it was learned on Friday.
In a resolution promulgated on January 31, the Sandiganbayan barred Acosta from continuing his government functions as Malacañang’s chief adviser on environmental protection and as general manager of Laguna Lake Development Authority.
Acosta also on Friday belittled the allegation, saying that it was a 10-year-old issue that dated back to his term as representative of Bukidnon province in southern Mindanao.
He, however, added that he would respect the order of the court and would
not challenge it anymore.
The Palace adviser said that he did not want to drag the Laguna Lake Development Authority and the Office of the President in the case.
“As all public officers, we should always be accountable at all times. If this is what the court says should be done, a 90- day preventive suspension, the rule of law should prevail. I will continue to do what I can but not in an official capacity,” he added.
“I don’t know yet exactly what I am prohibited from doing, but I abide by this order as all public officers should,” Acosta said.
Malacañang also on Friday distanced itself from the Acosta case.
Deputy spokesman Abigail Valte said that Acosta had been interviewed and had declined to give any comment, saying that the alleged offense was committed way before the Aquino administration came into power.
Earlier, state prosecutors filed a motion to suspend pendente lite ( pending trial) before the Sandiganbayan Fourth Division, saying that Acosta’s removal from office is “mandatory.”
“Under Republic Act 3019, the suspension of a public officer against whom a valid information has been filed for any offense . . . in whatever stage or execution and mode of participation is mandatory,” the motion read.
Acosta bucked the suspension in an opposition on the ground that he is an appointee of President Benigno Aquino 3rd and that for him to be suspended would be tantamount to suspending the President himself.
“Presidential appointees are sui generis public officials. They are a class by themselves. They work at the sole and exclusive pleasure of the President. They are the alter egos of the President. As a member of the President’s Cabinet, the accused is not covered by civil-service rules,” he said.
Aosta added that any appointment made by the President “is a political act, which is beyond the power of courts to rule upon, interfere with or adjudicate against.”
But Associate Justice Maria Cristina Cornejo, the ponente of the 10-page resolution, disagreed.
“We should not lose sight of the fact that [ Acosta] is being prosecuted for an act, criminal in na- ture under Republic Act 3019, allegedly committed by him before his appointment as Cabinet member or one with a Cabinet rank,” the resolution read.
The division unanimously ruled that the “alter-ego principle” could not be invoked in line with accusations committed by a public official before his appointment as a Cabinet member, which Acosta is, being an adviser of Mr. Aquino.
Acosta; his mother, Socorro Acosta, a former Manolo Fortich municipal mayor; and his aunt Maria Nemia Bornidor stand trial for alleged mishandling of public funds amounting to P10.5 million.
Amando Noble Sr., the mayor of Talakag, Bukidnon province, and state auditors said that the town of Talakag was used as a “conduit” for the release of P2.5 million from Acosta’s priority development assistance fund or “pork barrel” in 2000 and 2001 when he was the representative of Bukidnon.
The equipment was allegedly transferred from Talakag for the private use of Bukidnon Integrated Network of Home Industries Inc. ( Binhi), whose incorporators are Bornidor and Acosta’s father, Jose.