FORMER Quezon City mayor Herbert “Bistek” Bautista has won the approval of the Sandiganbayan on his request to be allowed to call an additional witness over the objection of government prosecutors.
The anti-graft court’s Seventh Division, in a resolution dated May 27, 2024, sustained the argument of Bautista’s camp that the witness’ firsthand knowledge of the implementation of the P32.21 million online occupational permitting and tracking system constitutes a substantial ground to obtain his testimony even if he was not in the defense’s list of witnesses during pre-trial proceedings.
The witness, identified by the defense as Rommel Chavez, was the project manager of Geodata Solutions Inc. who supervised the implementation of the IT project.
Prosecutors tried to block the presentation of Chavez’s testimony on the ground that his name was not included in the list of witnesses earlier submitted by the defendant’s camp. They argued that calling him to the witness stand would be a violation of the Rules of Court.
The Sandiganbayan, however, said the defense offered sufficient justification to warrant a reprieve from the pre-trial agreement.
“At the time material to these cases, Mr. Chavez is alleged representative of Geodata who was the Project Manager directly involved in the Project. Offhandedly, it is his personal knowledge of the project which may aid the court in arriving at a fully informed decision,” the court declared.
In the 2023 information, the Ombudsman accused Bautista and former City Administrator Aldrin Cuña of giving preference to Geodata Solutions Inc. on the ground that the contract was awarded to it even if the project was not backed by a specific appropriation ordinance from the Sangguniang Panlungsod.
In addition, they said full payment was released even if there was no complete delivery of the project.
But in its March 8, 2024 resolution, the Sandiganbayan sustained Bautista’s stand that there was an appropriation ordinance already existing for the project under Sangguniang Panlungsod -2772 s. 2018 with a funding coverage of P38.357 million earmarked for ICT equipment and computer software.
It agreed with the defendant that there was no longer any need for separate approval by the Sangguniang Panlungsod for the procurement of the project.
While Geodata Executive Vice President Rem Natividad Patco had already testified for the defense, the court noted that it was Chavez who had personal knowledge and first-hand experience in the occupational permitting system.
“In this case, a crucial issue that besets the criminal case is the prosecution’s charge of ‘incomplete delivery’ of the Project. A different take may be heard from a person on the ground,” the court pointed out.
