The Sandiganbayan First Division has suspended Cotabato Governor Emmylou Taliño-Mendoza for 90 days in light of her pending graft case for using her mother’s gas station to procure diesel for the provincial government.
In its resolution, the anti-graft court sided with prosecution in its argument that Section 13 of R.A. 3019, otherwise known as the anti-graft and corrupt practices act, unequivocally provides that accused public officials “shall be suspended from office” while the criminal prosecution is pending in court.
For her part, Mendoza’s lawyers earlier argued that her suspension will serve no purpose given the circumstances of the case, and the acts for which she stands charged do not really constitute a violation of R.A. 3019.
But should she indeed be placed under preventive suspension, her lawyers asked that this should not exceed 90 days.
Meanwhile, the Sandiganbayan stated that the validity of the information of her case has been established, and the accused has already been arraigned and pleaded not guilty before her charges, thereby mandating the court to immediately issue her suspension.
Mendoza’s case concerns the anomalous purchase of 49,526.72 liters of fuel from the Taliño Shell Station, which was used for one road grader and four dump trucks for the government’s two-day road rehabilitation. It was Mendoza who authorized the release of P2.4 million worth of provincial funds for that purpose.
Mendoza argued there was no reason to conduct a public bidding since her mother’s gas station was the only one willing to accommodate the credit term requested by the provincial government. (CZARINA NICOLE ONG)