Sandiganbayan suspends Roderick Paulate for 90 days

The Sandiganbayan imposed a 90-day preventive suspension order against Quezon City Councilor and actor Roderick Paulate while his case over the alleged hiring of 30 fictitious employees is ongoing.

In its March 11 resolution, the anti-graft court's Seventh Division ordered Paulete "to cease and desist from further performing and/or exercising the functions, duties and privilege of his position as member of the Sangguniang Panlungsod of Quezon City."

The Sandiganbayan said the suspension of incumbent government officials is mandatory under Section 13 of the Anti-Graft and Corrupt Practices Act, which covers any public officer facing criminal prosecution under valid charges.

Paulate had opposed his suspension saying the case already reached the pre-trial stage, plus the evidence needed by the prosecution were not in his custody.

Paulate, who is running for Quezon City vice mayor, said the reversal of the Court of Appeals on the decision of the Office of the Ombudsman to suspend him shows there is insufficient evidence against him.

He added that the Local Government Code prohibits the imposition of a preventive suspension order prior to any local elections.

However, the Sandiganbayan said Paulate may still affect the efforts of the prosecution in gathering evidence and potential witnesses in the pre-trial stage due to his influence as an elected official.

"The case is still in the pre-trial stage wherein the prosecution is seemingly in the process of collating evidence and securing its witnesses. During this process, the prosecution must be given the opportunity adequately prepare for trial under conditions which would ensure non-intervention and non interference from accused's camp," it said.

The Sandiganbayan said the CA ruling covers his administrative case at the Sandiganbayan, while his suspension anew is for criminal charges. It said Paulate only assailed the suspension, but not the validity of his charges.

"An administrative case filed before the Office of the Ombudsman and the criminal case before the trial court are separate and distinct from each other even if they arise from the same act or omission. Therefore, the criminal case may proceed independently of the administrative proceedings," the resolution read.

The prosecution indicted Paulate for graft and falsification charges for allegedly hiring fictitious job contractors for his personal gain in 2010.

He was accused of ordering his chief of staff to prepare questionable Personal Data Sheets and falsified job orders of 30 contractual employees from July 1 to November 15, 2010.

Paulate also supposedly issued certifications stating that these personnel worked for 40 hours per week and authorized his liaison officer to collect their salaries in the sum of P1.1 million. —KG, GMA News