Sandiganbayan orders 90-day suspension of Surigao del Norte mayor

The Sandiganbayan has ordered the 90-day suspension of Dapa, Surigao del Norte Mayor Peter Ruaya while his graft trial is ongoing.

In a four-page resolution, the anti-graft court’s Third Division said the suspension of a public official facing criminal charges is mandatory under Section 13 of Republic Act 3019 or the Anti Graft and Corrupt Practices Act.

The court found Ruaya’s argument that he could not use his office to intimidate witnesses devoid of merit because the Supreme Court itself has upheld mandatory suspension under RA 3019.

Ruaya was charged with violation of Section 3(e) of RA 3019 by the Office of the Ombudsman in 2011 over the allegedly questionable payment of P13 million to a supplier of heavy equipment in 2008 for the purchase of four dump trucks, one pay loader, and one grader.

According to the case information sheet filed by the Ombudsman with the Sandiganbayan, the payment was made by the local government to Six-R Mercantile despite Ruaya’s knowledge that the procurement of the heavy equipment was not included in the approved Annual Procurement Plan (APP) of Dapa in 2008.

The Ombudsman also found that the heavy equipment were already shipped and delivered to the municipality before the bids and awards committee (BAC) started procurement proceedings.

According to the Ombudsman, the BAC started procurement activities knowing fully well that there were no available funds for the acquisition of the concerned heavy equipment.

The BAC reportedly also recommended the use of the alternative method of procurement despite the absence of the conditions for negotiated procurement.

The Sangguniang Bayan was also found to have authorized Ruaya to contract and conclude an additional loan with the Land Bank of the Philippines to finance the acquisition of heavy equipment and approved the BAC’s recommendation for their purchase.

The Ombudsman said Ruaya gave Six-R Mercantile unwarranted damage and prejudice by approving BAC’s recommendation to resort to negotiated procurement, and negotiating with the contractor without any legislative authorization.

Meanwhile, also charged by the Ombudsman with graft over the purchase were members of the Dapa’s Sangguniang Bayan at the time the purchase of heavy equipment was made, namely: Henry Tiu, Kenneth Joel Tiu, Florita Gotico Tesiorna, Francisco Gonzales, Dionisio Ruaya, Renz Jerald Ruaya, Simproso Ranza Jr., Zosima Cuizon and Alicia Durero. — VVP, GMA News