Ex Bontoc mayor starts 90 days suspension
By JANI ARNAIZ
First posted July 31, 2010
MAASIN CITY – One year after the final ruling of The Sandiganbayan affirming its decision suspending the mayor of Bontoc town in Southern Leyte, the DILG finally served the suspension order last Friday.
However, Pedro Fustanes will not be suspended for 90 days as mayor of Bontoc town having served his final three terms last June 30 but as vice mayor. He ran and elected vice mayor last May polls.
Fustanes, who was reportedly in Tacloban yesterday, did not answer several calls and text messages sent to him.
First councilor Arturo Cuadra assumed Fustanes’ position as vice mayor on Monday. Cuadra confirmed Fustanes’ suspension in an interview at the house of newly elected councilor Cleofe Abeñion, a former media personality.
The case stemmed from a complaint filed by Ramon Maglinte against Fustanes for violation of Anti-Graft and Corrupt Practices Act (RA 3109) in issuing a cockpit permit for another person even if a prior permit has already been issued.
In its three-page decision, penned by Associate Justice Roland B. Jurado and concurred by Associate Justice Napoleon E. Inoturan and Presiding Justice Ma. Cristina G. Cortez-Estrada, the Sandigabayan Fifth Division says “After perusal of the arguments advance by the accused and the prosecution, the Court finds no cogent reason to disturb its earlier ruling on the matter. There is nothing in the accused’s motion, which merits a reconsideration or modification of the resolution in question.”
The Sandiganbayan has suspended Fustanes on July 3, 2009.
In his motion for reconsideration filed with the Sandiganbayan on August 20, 2009, Fustanes alleged “that he should not be suspended from office on the ground that the information filed against him was not supported with facts.”
Fustanes added that “the case has no factual basis because it is not true that the Sangguniang Bayan of Bontoc, Southern Leyte, had not granted a prior license to Jacinta Serenion to operate a cockpit before the former issued a permit to the latter.”
In denying his motion for reconsideration promulgated on October 9, the Sandiganbayan’s Fifth Division said, “We still maintain that the requisites for suspension having been satisfied, the issuance of the order of suspension against the accused should follow as a matter of course consistent with mandatory nature of such suspension.”
It added, “Once the information is found to be sufficient in form and substance, then the court must issue the order of suspension as a matter or course. There are no ifs and buts about it. It is because a preventive suspension is not a penalty. It is not imposed as a result of judicial proceedings. In fact, if acquitted, the official concerned shall be entitled to all benefits granted by the government.
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