THE Sandiganbayan has denied the most recent challenge on the validity of the graft case filed by the Office of the Ombudsman early this year against former Quezon City mayor Herbert “Bistek” Bautista and former city administrator Aldrin Cuña.
In a 10-page resolution promulgated last July 25, the anti-graft court’s Third Division declared Cuña’s Motion to Quash bereft of merit because the information sufficiently alleged all the essential elements of the charged criminal offense.
“Applying settled jurisprudence, the Court finds that the elements of a violation of Section 3 (e) of R.A. No. 3019, as amended, are aptly alleged in the factual allegations appearing in the Information in this case,” the court declared.
The case stemmed from a complaint lodged by the city’s Legal Department alleging irregularities in the approval of the P25.342 million contract for the installation of a solar power system and waterproofing works on the Civic Center Building F in favor of Cygnet Energy, on June 27, 2019, just days before a change in the administration.
The Ombudsman said Cygnet was paid the contract cost even if it was not entitled to receive payment “because it failed to apply for and secure a Net Metering System from the Manila Electric Company or Meralco.”
Prosecutors said the Net Metering System was a mandatory requirement under the terms of reference and the supply and delivery agreement between the city government and the contractor.
In his motion, Cuña argued that the only act attributable to him was signing the Certificate of Acceptance, which could not have possibly given rise to any criminal action, much less as violation of the Anti-Graft and Corrupt Practices Act.
He stressed that his act of signing the Certificate of Acceptance did not produce any harm or prejudice as it was merely a preparatory document for the release of payment to the contractor.
If there was any damage at all, he pointed out that it only occurred after the release of the check and payment to Cygnet in which he had no participation.
Cuña said “it is the incumbent mayor (QC Mayor Joy Belmonte), and not him and his co-accused, who should be held responsible… since she released the payment to Cygnet without conducting any due diligence or review.”
