Sandiganbayan orders suspension of Samar solon Milagrosa Tan

The Sandiganbayan has ordered the 90-day preventive suspension of Samar Representative Milagrosa Tan while she is standing trial for graft and malversation of public funds over the alleged anomalous purchase of medicines.

In a resolution dated November 23, the First Division said the order is immediately executory and directed the offices of House Speaker Gloria Macapagal-Arroyo and Interior and Local Government Secretary Eduardo Año to implement the suspension.

The Sandiganbayan also suspended provincial treasurer Bienvenido Sabanecio Jr., officer-in-charge of provincial general service office Arial Yboa, and supply officer George Abrina for the same period.

In 2007, Tan allegedly took advantage of her position as provincial governor when she "willfully, unlawfully, and criminally" purchased various drugs, medicines, and dental supplies from Zybermed Medi Pharma owned by private respondent Roselyn Larce between March 28 and August 21, 2007.

Zybermed, a Pasig City-based business, was not licensed to operate in Catbalogan City, according to the prosecution.

A report from the Commission on Audit also ruled that the purchase from Zybermed was "unnecessary and non-responsive to the exigencies of the service."

Tan pleaded not guilty to the charges, but said she should not be suspended because she is no longer the governor of Samar and therefore cannot influence potential witnesses nor affect relevant documents to the case.

Tan also said the prosecution only has to prove if the purchase of medicine and dental supplies was necessary even without presentation of witnesses.

However, the Sandiganbayan said it is mandatory for the anti-graft court to preventively suspend Tan and her co-accused as mandated under Section 13 of the Anti-Graft and Corrupt Practices Act.

“Indeed, it is mandatory for the court to immediately issue the suspension order upon a proper determination of the validity of the information. Section 13 unequivocally mandates the suspension of a public official from office pending a criminal prosecution,” it said.

The Sandiganbayan, nonetheless, said the suspension order is not a penalty.

Division chairperson Associate Justice Efren dela Cruz penned the resolution, with the concurrence of Associate Justices Geraldine Faith Econg and Edgardo Caldona. —KBK, GMA News