The Sandiganbayan has ordered the 90-day suspension of the governor of Aurora province and his legal officer who are facing graft charges in connection with an allegedly irregular construction contract in 2014.
The anti-graft court’s Sixth Division ordered Gov. Gerardo Noveras and the province’s legal officer, Paz Torregosa, to “immediately cease and desist from performing their functions upon the implementation of their preventive suspension.”
“The suspension shall automatically be lifted upon the expiration of the 90-day period from the implementation of this resolution,” the court said.
Associate Justice Kevin Narce Vivero wrote the resolution. Sixth Division Chairman Justice Sarah Jane Fernandez and Associate Justice Karl Miranda concurred.
Noveras, Torregosa, and other provincial officials are accused of giving an undue advantage by rigging the bidding for the repair of the Dimalang Bridge Approach of the Casiguran-Dilasag Road in favor of RMCR Construction.
The anti-graft court earlier ordered Noveras to explain why they should not be suspended but Noveras filed a motion for reconsideration, claiming that the information against him was not valid as it did not specify the supposed unwarranted benefit given to RMCR Construction and the undue injury to the government.
He added that he can no longer tamper with any evidence nor influence any witness as the documentary evidence and affidavits of witnesses have already been made part of public record after they were submitted to the Court of Appeals.
Noveras also said that the parallel administrative complaint against him was already dismissed by the CA.
The court said that the 90-day preventive suspension is mandatory under the Anti-Graft and Corrupt Practices Act.
“The presumption is that unless the accused is suspended, he may frustrate his prosecution or commit further acts of malfeasance or do both,” the court said.
