THE Sandiganbayan has junked the motion filed by former Quezon City mayor Herbert “Bistek” Bautista seeking outright dismissal of the graft charge alleging that he signed a supposed anomalous contract three days before he stepped down in 2019.
In a 15-page resolution, the anti-graft court’s Seventh Division denied Bautista’s Urgent Omnibus Motion asking it to quash or to dismiss the case with prejudice.
The court held that the information filed by the Office of the Ombudsman on March 15, 2023 sufficiently stated the allegations to sustain the indictment.
It likewise swept aside Bautista’s contention that his constitutional right to speedy disposition of cases was violated.
Associate Justice Ma. Theresa Dolores C. Gomez-Estoesta penned the ruling with the concurrences of Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo.
The complaint alleged that the former QC mayor and former city administrator Aldrin Cuña unlawfully favored private contractor Geodata Solutions Inc. and caused undue injury to the city government when they approved the P32.108 million contract for the “procurement of online occupational permitting and tracking system.”
Prosecutors said the project had no specific appropriation ordinance from the Sangguniang Panlungsod although Cuña certified that the charge to appropriation was lawful.
Geodata also failed to make a complete delivery of the project.
The Sandiganbayan said Bautista’s motion raised issues that would be more properly tackled in a full-blown trial on the merits.
The actor-politician argued that the Geodata contract underwent a competitive public bidding in which he had no participation as it was undertaken by the Bids and Awards Committee. He noted that none of the BAC members was named co-defendant.
He also invoked good faith saying that as mayor, he simply relied on subordinates who prepared the bidding documents and managed the negotiations.
Bautista also said the project was supported by the city’s Annual Procurement Plan and was backed by certifications from Budget Officer Marian Oryani of funding availability and by Accounting Department officer-in-charge Ruby Manangu and OIC City Treasurer Ruby Rosa Guevarra that the supporting documents were complete.
He stressed that the project was strictly for the benefits of city residents and that he derived no personal gain from the transaction.
The court said his arguments concerned matters of evidence which are not proper for a motion to quash.
“(I)t is at once clear that the issues raised by the accused cannot be considered in evaluating the sufficiency of the Information because the same largely pertain to extrinsic matters or evidence aliunde. They not only highlight factual allegations that require evidence presentation but more so, relegate legal issues that require a conclusion from the court when trial is yet to begin,” the court pointed out.
It also rejected Bautista’s claim of violation of his right to speedy disposition of his case due to the more than four years’ delay on the part of the Ombudsman in resolving the complaint.
“The length of time taken by the Ombudsman to complete its preliminary investigation and to file the Information, by itself, cannot be deemed as vexatious, capricious, or oppressive.
Absent any vexatious, capricious or oppressive delays… it is unwarranted to conclude that the accused’s constitutional right to speedy disposition of cases was infringed,” the Sandiganbayan said.
Bautista and Cuña are facing a second graft case before the court’s Third Division concerning the P25.34 million solar power system contract with Cygnet Energy and Power Asia Inc.
Prosecutors said the contract should have been scrapped because of Cygnet’s failure to secure a net metering system from Meralco, a mandatory requirement according to the terms of reference and delivery agreement.
