Sandiganbayan suspends Misamis Occidental vice mayor for 90 days

The Sandiganbayan has ordered Vice mayor Meyrick Acosta of Oroquieta, Misamis Occidental suspended for 90 days pending his trial for a graft case over the alleged irregular purchase of motor vehicle spare parts from a company owned by his mother.

Acting on the motion of the prosecution, the court's Seventh Division ruled to suspend Acosta after it found the case against the vice mayor sufficient in form and substance.

Acosta is facing two counts of violation of Section 3(h) of the Anti-Graft and Corrupt Practices Act. Section 13 of the same law states that any public officer facing criminal prosecution must be preventively suspended from office to prevent the intimidation of witnesses.

"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 Sandiganbayan said in its resolution dated January 3.

Based on the case information, Acosta used his official capacity in signing and approving procurement documents for the purchase of an alternator motor rewind, waterpump assembly, air conditioner evaporators, and expansion valves for the city government's service vehicle between March 2004 to February 2005.

He awarded the P36,800 worth contract to H & Y General Merchandise, allegedly owned by his mother Yolanda.

Acosta conceded the imposition of the mandatory suspension. He, however, questioned the timing of the motion's filing and submitted a demurrer to evidence for an outright dismissal of his case.

The Sandiganbayan has yet to rule on the demurrer, but said the motion cannot prevent them from temporarily barring Acosta from performing his official duties.

"In fine, no doubt can assail the verity that the preventive suspension of accused is warranted under the circumstances, regardless of the pendency of demurrer to evidence," the Sandiganbayan said.

The Department of Interior and Local Government has been ordered by the court to serve the suspension order on Acosta. —ALG, GMA News