Aurora Governor suspended over road repair deal

MANILA, Philippines — The Sandiganbayan has suspended Aurora Gov. Gerardo Noveras and provincial budget officer Paz Torregosa in connection with the allegedly anomalous road repair projects in 2014.

“Noveras and Torregosa are ordered to cease and desist from performing the functions of their offices upon the implementation of the preventive suspension,” the anti-graft court’s Sixth Division said in a resolution dated Nov. 28.

The Sandiganbayan directed the Department of the Interior and Local Government to implement the 90-day suspension order against the respondents.

It said Noveras and Torregosa’s suspension is mandatory as provided under Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act.

The law says that an incumbent public official facing cases under RA 3019 and the Revised Penal Code, or  any offense involving public funds or fraud against the government, should be suspended from office.

Noveras and Torregosa as well as five former members of the bids and awards committee are facing a case of violation of RA 3019.

The Sixth Division said the charge sheet was affirmed when it denied Noveras and Torregosa’s motion to quash the case.

The court rejected the respondents’ argument that there was no need to suspend them as there was no way for them to tamper with  or destroy the pieces of evidence presented by the prosecution. 

The respondents said the prosecution’s evidence were part of public records as these were presented before the Court of Appeals (CA) in a related administrative case filed against them.

They said the CA has dismissed the administrative case.

The anti-graft court cited a previous Supreme Court ruling that said the court has no discretion to determine if a preventive suspension is necessary to forestall the possibility that an accused may use his office to intimidate witnesses, frustrate his prosecution or continue committing malfeasance.

Filed by the Office of the Ombudsman in October 2018, the case stemmed from the alleged rigging of the bidding for the awarding of contracts to the RMCR Construction between March and September 2014. 

The contracts involved for the repair of the Dimalang Bridge approach of the Casiguran-Dilasag Road and its road section.

The ombudsman said the rigging of the bidding was apparent as the RMCR Construction implemented the repair works even before the procurement process was completed.