Sandiganbayan suspends Nat'l Defense College exec over graft case

The Sandiganbayan has imposed a 90-day preventive suspension against an official of the of the National Defense College of the Philippines (NDCP) due to a pending graft case against him.

Director III Aldrin Cuña's case involves the alleged anomalous granting of a computerization contract to a private firm worth P32 million. A former Quezon City administrator, he is the co-accused of former Quezon City mayor Herbert Bautista.

In a resolution dated June 22 but released on Tuesday, June 27, the court noted that Section 13 of Anti-Graft and Corrupt Practices Act makes it mandatory for the court to suspend any public officer against whom a valid information is filed charging a violation of said law.

The Sandiganbayan also said the suspension is in accordance with Title 7, Book II of the Revised Penal Code, for any offense involving fraud upon government or public funds or property.

“Once the information is found to be sufficient in form and substance, then the court must issue the order of suspension as a matter of course. There are no ifs and buts about it,” the anti-graft court said.

Cuña: Suspension unnecessary

Cuña, meanwhile, argued that imposing suspension on him is unnecessary since he has no intention of influencing prosecution witnesses nor tampering with any documentary evidence.

He also said his physical distance between the Office of the Special Prosecutor and the local government unit of Quezon City prohibits him from tampering with the evidence, and that the the integrity of prosecution’s evidence is preserved as it is safely stored in the Office of the Ombudsman.

He also reasoned out that the prosecution witnesses are also his intended witnesses, that the National Defense College does not have regular or usual transactions with the local government of Quezon City, and that he should be allowed to continue to serves in his present position due to the absence of conspiracy.

The Sandiganbayan, however, said it has no discretion to determine whether a preventive suspension is necessary to prevent the possibility that Cuña or any accused may use his or her office to intimidate witnesses, frustrate his/her prosecution, or continue committing malfeasance.

“The presumption is that unless the accused is suspended, he or she may frustrate the prosecution of the case, commit further acts of malfeasance, or do both. Despite the accused's position to the contrary, therefore, the mandatory nature of preventive suspension should be enforced,” it said.

“Wherefore, pursuant to Section 13 of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), accused Aldrin Chin Cuna is hereby preventively suspended from his position as Director III, National Defense College of the Philippines, Department of National Defense, and from any public office which he may now or hereafter be holding for a period of 90 days from notice of this Resolution,” the court added.

The copy of the resolution will be furnished to the Secretary of the Department of National Defense, the parent agency of the National Defense College of the Philippines, for the implementation of the order.  —KBK, GMA Integrated News