BACOLOD CITY, Philippines – The Supreme Court did not issue a temporary restraining order to stop the implementation of the 90-day preventive suspension order of the Sandiganbayan Fourth Division against Mayor Monico Puentevella.
This was confirmed Wednesday night, October 21, by lawyer Ralph Sarmiento, counsel of Puentevella.
The mayor is facing graft charges after he allegedly utilized P26 million from his Priority Development Assistance Fund (PDAF) to purchase an alleged overpriced computer package for public schools in the city when he was still a congressman. The computer packages were reportedly bought at P400,000 each.
Sarmiento, in a text message, said that the high court has “denied our petition for certiorari with application for a TRO, but that is already moot and academic and it has already served its purpose.”
The lawyer said that the SC’s denial has no effect on the mayor’s case. “We filed the said petition on October 1 just to prevent the Sandiganbayan and the Department of the Interior and Local Government (DILG) from immediately implementing the suspension order without first giving Mayor Monico the opportunity to file a motion for reconsideration and especially that he had not yet received a copy of the suspension order at that time,” he explained.
He further explained, “from the time the suspension order came out in the news last September 28, it was always our position that the same was not immediately final and executory, and that Mayor Monico still has the right to file an MR. So to ensure that Mayor Monico's right to file an MR will be respected, we immediately brought the matter to the Supreme Court.”
He said that the hearing for the MR against the suspension order was scheduled Friday, October 23, adding that “the TRO is no longer needed and would no longer serve any purpose.”
“After the hearing of Mayor Monico's MR, we will wait for the resolution of the Sandiganbayan, and should the same be unfavorable to the mayor, then he could still question the same to the Supreme Court by way of another petition for certiorari with application for TRO,” Sarmiento said.
The anti-graft court, in its decision that was promulgated September 28, has ordered Puentevella to be suspended from his function and privileges as a public officer.
The Sandiganbayan also directed DILG to implement the preventive suspension against the mayor and to inform the court of the start and the end of Puentevella’s suspension.
Meanwhile, lawyer Cedric Jaranilla, legal counsel of DILG Western Visayas, said that they cannot serve the suspension order yet, pending the resolution of the MR.
Puentevella was given 15 days to exhaust all legal remedies against his suspension order, he said. – Rappler.com