Sandiganbayan slaps 90-day suspension vs. Negros Oriental mayor

The Sandiganbayan has ordered for the 90-day suspension of Mayor Reynaldo Tuanda of Jimalalud, Negros Oriental, while his graft case over his alleged self-designation as a cockpit promoter is ongoing.

In an eight-page resolution promulgated on October 3, the anti-graft court's Fifth Division directed the provincial government to serve the preventive suspension against Tuanda within five days.

"Accused Reynaldo Vidal Tuanda is hereby preventively suspended from his position or from any public office which he may now or hereafter be holding, for a period of 90 days from receipt of this resolution," the resolution, penned by Associate Justice Maria Theresa Mendoza-Arcega, read.

Tuanda is facing one count of violation of the Anti-Graft and Corrupt Practices Act when he allegedly took advantage of his official position in unlawfully granting himself a permit to operate as a cockpit promoter from January 8 to December 31, 2010 within the municipality.

The prosecution has asserted the suspension of Tuanda being an incumbent public official and pursuant to Section 13 of the law, which states that an incumbent public official can be suspended by the Sandiganbayan if the case against him has valid case information.

Tuanda entered a plea of not guilty on the charges during his arraignment on September 5.

The local chief executive also argued that he should not be suspended since the law's provision is not mandatory.

Tuanda, in his motion, said the permit issued to him "merely signifies that he is a recognized cockpit promoter but not necessarily a cockpit operator."

However, the Sandiganbayan said the law's provision is "well-settled" that the suspension of an incumbent public official is mandatory, noting that there is enough basis for the anti-graft court to bar Tuanda from performing his duties.

"A perusal of the assailed information reveals that it is sufficient in form and substance. The use of the word "operate" does not render the information invalid," the Sandiganbayan said.

"Since the Information filed against Tuanda is sufficient in form and substance, it is incumbent upon this Court to place the accused under preventive suspension," it added. —KBK, GMA News