Sun.Star Cebu

Dismissed councilor ‘free to leave the country’

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The Sandiganba­yan lifted the hold-departure order (HDO) it issued on former Cebu City councilor James Anthony Cuenco.

This, after the anti-graft court dismissed for lack of jurisdicti­on the graft charges against him.

The court also ordered the release of the cash bonds posted by Cuenco and his former staffer, Manual Tipgos.

In junking the case, the Sandiganba­yan’s First Division ruled that it cannot try Cuenco for allegation­s that he benefited from the implementa­tion of a P3.3-million medicine assistance program sourced from his father’s pork barrel fund from 2003 to 2004.

“Devoid of any jurisdicti­on to take cognizance of this case, the court deems it no longer necessary to pass upon the other issue raised relative to the apparent inordinate delay in the dispositio­n of the case,” read the Sandiganba­yan’s ruling.

Cuenco, son of former congressma­n Tony Cuenco, Tigpos and Sesinio Villacin, Jr., proprietor of Dell Pharmacy, were charged with violating the anti-graft law.

The case stemmed from the implementa­tion of Tony N’ Tommy (TNT) program in 2001, which gave medical assistance to indigent patients in the Vicente Sotto Memorial Medical Center (VSMMC).

The younger Cuenco was the chief of staff and administra­tor of the Tony N’ Tommy program.

After three years of the program, allegation­s of forgery and falsificat­ion of prescripti­ons and referrals surfaced.

Pursuant to the memorandum of agreement (MOA) that the older Cuenco and VSMMC entered into in 2001, the hospital would screen, interview and determine the qualificat­ions of the beneficiar­ies through its social worker.

However, the former congressma­n put up his own office for the program and took over all the processes.

The anti-graft body, in its decision, gave weight to the findings of the special audit team of the Commission on Audit that the implementa­tion of TNT program did not follow provisions of the MOA between then congressma­n Cuenco and the VSMMC.

In October 2017, retired Ombudsman Conchita Carpio-Morales dismissed Cuenco and Tigpos from service for serious dishonesty and grave misconduct for using falsified documents in the disburseme­nt of public funds.

The decision also carried accessory penalties such as cancellati­on of eligibilit­y, forfeiture of retirement benefits and perpetual disqualifi­cation to hold public office.

The younger Cuenco and Tigpos later filed a motion to quash informatio­n, arguing that their constituti­onal right to speedy trial was violated when the ombudsman incurred an inordinate delay in the conduct of the preliminar­y investigat­ion.

The respondent­s lamented that it took the ombudsman nine years to resolve the complaint from the conduct of a fact-finding until the terminatio­n of the preliminar­y investigat­ion that led to the filing of the graft charges.

In granting the respondent­s’ motion to quash, the anti-graft court ruled the respondent­s are outside of its jurisdicti­on since the younger Cuenco’s post as chief political affairs of his father from 2003 to 2004 is under salary grade 26.

“It is indubitabl­y clear that the instant criminal case is outside the jurisdicti­on of this case,” the Sandiganba­yan held.

On the other hand, the Sandiganba­yan ordered the case against Villacin archived. /

 ??  ?? JAMES ANTHONY CUENCO
JAMES ANTHONY CUENCO

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