"Inasmuch as the validity of the information has been passed upon by this Court when it denied the accuseds motion to quash, and considering further the mandatory tenor of Section 13 of the Anti-Graft Law, the suspension of the accused is warranted," the fifth division of the anti-graft court stated in its resolution.
Justices Minita Chico-Nazario, Cristina Cortez-Estrada and Diosdado Peralta held that as per the anti-graft law (RA 3019), the suspension of a government official is "unequivocably mandated" while the lawsuit is pending and undergoing trial.
Soriquezs co-accused are supervising engineers Rey David, Ulysis Maniago, Juan Gonzales and Gil Rivera.
Soriquez served as director of the Mt. Pinatubo Rehabilitation Project before he was appointed DPWH assistant secretary in March 2001 and secretary last April 27, replacing Bayani Fernando who served as DPWH chief and Metro Manila Development Authority (MMDA) chairman in a concurrent capacity.
The DPWH officials were investigated and subsequently haled to court after a huge portion of the P2.7-billion anti-lahar megadike in San Fernando, Pampanga collapsed during an onslaught of lahar in August 1996.
The Mt. Pinatubo Commission was the government agency tasked to solve the perennial lahar problem.
"I have nothing to do with that projects design and construction. I should not be held responsible," Soriquez said, clarifying that he merely managed the project and had no way of knowing the soundness of the megadikes design since it did not fall under his specialization.
Soriquez said he would ask the Sandiganbayan to reconsider its order. If this fails, he said he would take the issue to the Supreme Court and exhaust all his legal remedies.
"Why will I not fight? They are trying to destroy me," he told The STAR.
"Many really want to see me suspended," he added, but did not say who were trying to oust him.
Soriquez, however, is facing other graft charges at the Office of the Ombudsman for his alleged approval of a P50-million reimbursement to AG Marfori Construction in 2001.
The contractor claimed P140 million in losses from its sub-projects. However, Takahira Engineering International Inc., a foreign consultant in the local road improvement project, recommended that no reimbursement should be made since nothing has been started yet. Right of way problems had reportedly hampered AG Marforis road projects.
Former DPWH secretary Simeon Datumanong formed a panel which initially recommended that no reimbursement should be made.
But according to Randy Tolentino, vice president of Aniban ng Maralitang Pilipino, Datumanong upheld the recommendation of Soriquez, then the DPWH-Central Luzon head and assistant secretary for operations.
Earlier, DPWH Undersecretary Salvador Pleyto and Regional Director Romeo Panganiban were also meted a six-month preventive suspension by the Ombudsman for failing the governments lifestyle check. with Jose Aravilla