The Sandiganbayan Fourth Division denied the motion to quash filed by Bacolod Mayor Monico Puentevella, et al, in the complaint filed against them for the questionable purchase of the Information Technology package worth about P26 million, from his Priority Development Assistance Fund when he was yet congressman of Bacolod City, and set their arraignment on April 15.

The arraignment of the case as docketed SB-14-CRM-0108 was set by the Court since it has not received up to this time any temporary restraining order or injunctive writ from the Supreme Court barring it from proceeding with the case. This was despite Puentevella’s petition for certiorari, based on the notice of resolution issued by Sandiganbayan Associate Justices Jose Hernandez, chairman; Alex Quiroz and Maria Cristina Cornejo dated March 18.

There is, therefore no justification to suspend the proceedings, the SB said.

The Sandiganbayan also denied the omnibus motions filed by Puentevella and Jessie Garcia of Merryland Publishing Corporation, seeking the reconsideration of the Court’s resolution finding probable cause to issue the warrant of arrest against them, the deferment of their arraignment, and the suspension of further proceedings in the case, for lack of merit.

NOT SUFFICIENT

It said the documents being relied upon by Puentevella in his omnibus motion are not sufficient to persuade the Court of the contention that the Bids and Awards Committee recommended that the DepEd Region VI should procure the IT packages from Merryland.

The Court also rejected the contention of Garcia that it should suspend the proceedings in this case considering that Puentevella has a pending petition for certiorari before the Supreme Court assailing the finding of probable cause.

It said the issue being litigated in the Supreme Court is the executive determination of the Office of the Ombudsman of whether or not probable cause exists to charge him with violation of Section 3(e) of R.A. 3019 before the Sandiganbayan.

The incident before the Court involves its independent and separate judicial determination whether or not probable cause exists for issuance of warrant of arrest against him, it also said.

NO PUBLIC BIDDING

The Sandiganbayan said the information filed in the case states that the accused, acting in conspiracy with one another, willfully, unlawfully and criminally and with evident bad faith and manifest partiality, procured IT packages at P400,000 each using the PDAF of Puentevella without the conduct of a public bidding as required under Executive Order No. 40, series of 2001 and RA No. 9184, thereby giving unwarranted benefits and undue advantage to Merrryland Publishing Corporation.

This also caused undue injury to the government and the public by depriving the government of the opportunity to get the most advantageous offer for the purchased items, resulting in the procurement of the overpriced IT packages, it said.

The complaint against Puentevella, the late DepEd regional director Victorino Tirol and Garcia of Merryland had been filed earlier by the late Bacolod City Legal Officer Allan Zamora and former CLO Joselito Bayatan before the Ombudsman, involving the procurement and distribution of Information Technology packages for public elementary and secondary schools in Bacolod City for the years 2001 up to 2006, using Puentevella’s PDAF.

The complainants also said that some of the school beneficiaries have not received the IT packages purchased.

Meanwhile, City Legal Officer Rayfrando Diaz lll said they will exhaust all legal remedies. He said the Sandiganbayan has no ruling on the motion for reconsideration on the motion to quash and did not speak on the speedy disposition of the case.

“SMALL DEVELOPMENT”

This is a small development with respect to the case. It doesn’t speak about its merit, he said adding that the mayor is presumed innocent unless there is a final ruling on the case. “We hope to come up on top despite all these developments,” Diaz said.

Bayatan said the indictment of Puentevella has been validated by the Sandiganbayan that is why his arraignment has to be read before him. With that validation of indictment, his suspension will necessarily follow anytime, he said.

Meanwhile, Councilor Jose Carlos Lopez said he was the one who followed up this matter with the Sandiganbayan in the interest of the people of Bacolod.

“Barring any delaying tactics such as health problems, I expect the Office of Special Prosecution to file for his preventive suspension for 90 days immediately after,” Lopez said.*CGS

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