THE Third Division of the Sandiganbayan has issued a six-page resolution ordering the suspension of Aldrin Cuña, National Defense College executive vice president, for 90 days to take effect immediately upon service of the directive.
Defense Secretary Gilberto Teodoro was furnished a copy of the anti-graft court’s ruling for implementation against Cuña with a requirement to inform the Court within five days about actions taken.
The resolution was penned by Presiding Justice and Third Division chairperson Amparo M. Cabotaje-Tang with concurrences from Associate Justices Bernelito R. Fernandez and Ronald B. Moreno.
Cuña’s suspension was based on a graft case filed against him as co-accused of former Quezon City mayor Herbert Bautista on Feb. 3, 2023 by the Office of the Ombudsman.
Both were accused of causing undue injury to the city government and giving unwarranted benefits to Cygnet Energy and Power Asia, Inc (Cygnet) in connection with the release of P25.34 million to the latter as full payment for the installation of Solar Power System and Waterproofing Works for Civic Center Building F.
Prosecutors said Cygnet was not yet entitled to be paid in full since it has yet to apply for and secure a net metering system from Meralco, as required under the terms of reference and the supply and delivery agreement on its contract.
In a resolution dated Dec. 19, 2023, Cuña was given a non-extendible period of 10 days to submit an explanation as to why he should not be preventively suspended.
Cuña did not file any pleading, prompting the Sandiganbayan to declare he was deemed to have waived his right to contest the suspension.
“Verily, once the Information is found to be sufficient in form and substance, the court must issue the order of suspension as a matter of course. There are no ifs or buts about it,” the Sandiganbayan said.
However, it clarified that the preventive suspension is not a penalty and that the defendant is entitled to reinstatement and payment of salaries and benefits withheld during suspension if he is eventually acquitted.
