Graft court slaps 90-day suspension order vs. Cotabato Gov. Catamco

The Sandiganbayan issued a 90-day suspension order against Cotabato Governor Nancy Catamco over a graft and malversation of public funds case in which she was accused of benefiting from a P5 million government fertilizer purchase.

In a seven-page decision, the anti-graft court explained that the Anti-Graft and Corrupt Practices Act was explicit that any incumbent public officer facing criminal prosecution under valid information under the said law or the Revised Penal Code or for any offense involving fraud upon government or public funds or property—whether as a simple or as complex offense and in whatever stage of execution and mode of participation is pending in court—would be suspended from office.

“Since the requisites imposed by Anti-Graft law are present in this case, this Court is duty-bound to order the suspension of accused Catamco. Thus, accused Catamco's contention that Section 13 [on preventive suspension] does not apply to her because she was charged in her private capacity is likewise without merit,” the anti-graft court ruled.

Government prosecutors have accused Catamco amd her co-accused; former Poro, Cebu Mayor Edgar Rama; former Poro, Cebu vice mayor Ronald Pajaron Carcellar; and former Sangguniang Bayan members Ruben Estrera Jr., Gorgina Gonzales, Sergio Zurita, Nilo Gorgonio, Gregorio Dorog, and William Surbano of benefiting from the P5 million government purchase of 3,333 bottles of Vitacrop liquid organic fertilizers, priced at P1,500 per bottle, from Perzebros Company, a firm owned by Catamco and her then husband Pompey Reyes.

The Commission on Audit found that the purchase was overpriced by P1,092 per bottle.

“When the law used the words 'any incumbent public officer', the law pertains to the incumbent or current position of the accused public officer and not to the position or capacity to which he was charged in the Information,” the graft court explained further.

The Sandiganbayan then noted that preventive suspension applied to any office  the [accused] officer might be currently holding and not necessarily to the particular office, or in this case any capacity, to which she was charged.

“Section 13 is so clear that there is hardly room for any extended court rationalization of the law. The law unequivocally mandates the suspension  of  a public official  from  office  pending a  criminal prosecution,” the anti-graft court said.

Likewise, the Sandigabayan also said that it could not hold the suspension in abeyance, even if the court's determination of the validity of the information was raised on appeal.

Thus, this court's duty to issue a preventive suspension order was not affected by Catamco's pending Petition for Certiorari with the Supreme Court,” the anti-graft court said.

In Catamco’s case, a petition for certiorari was a petition in which the she alleged that government prosecutors committed grave abuse of discretion in filing criminal charges against her.

“Wherefore, premises considered, the court orders the suspension pendente lite of accused Nancy Catamco as Governor of North Cotabato and from any  other  public' positions  she may now or hereafter hold for  a period of  90 days from receipt of this Resolution,” the Sandiganbayan concluded. — DVM, GMA News