The Sandiganbayan Sixth Division has ruled that there is no basis for it to reverse the 90-day preventive suspension order against North Cotabato Gov. Nancy Catamco due to her pending charges involving the fertilizer fund scam case.
In a resolution dated July 4, the anti-graft court directed that Catamco be suspended under the provisions of Section 13 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act. The law states that “any incumbent public officer against whom any criminal prosecution under a valid information under this act…shall be suspended from office.”
Catamco, who was formerly the lawmaker for the second district of North Cotabato, was accused of violating Section 3(e) of RA 3019 and Article 217 of the Revised Penal Code due to the reportedly anomalous purchase of P5 million worth of liquid fertilizers back in 2004. She is facing the charges with former Poro Mayor Edgar Gadingan Rama of Cebu.
Catamco stated in her motion for reconsideration that preventive suspension is mandatory only for public officers who committed the offense charged while in office, but not for those charged in their personal capacity.
Since she was charged in her personal capacity, she argued that she can never be subject of any counterpart administrative proceeding, nor can she be covered by Section 13 of RA 3019.
However, the anti-graft court begged otherwise.
The seven-page resolution was written by Chairperson Sarah Jane Fernandez with the concurrence of Associate Justices Karl Miranda and Kevin Narce Vivero. (Czarina Nicole Ong-Ki)
