Sandigan affirms Cebu municipal engineer’s suspension

MANILA, Philippines — The Sandiganbayan has refused to shorten the suspension of municipal engineer Oscar Pilapil of Ronda, Cebu in connection with the graft charges he is facing over the alleged anomalous procurement of construction materials.

“The court rules that the preventive suspension of Pilapil for 90 days is mandatory unless a judgment for acquittal would be promulgated earlier in his favor,” the anti-graft court’s sixth division said.

In a motion for reconsideration filed on Oct. 16, Pilapil sought to shorten his suspension to not more than 30 days, saying he has no other source of income. He said his suspension for 90 days would render him incapable to support his family as well as the expenses in the litigation of his cases.

“His suspension should not be treated as a penalty but a measure to prevent him from using his office to intimidate witnesses or frustrate his prosecution or continue committing malfeasance in office,” the third division said.

The court said Pilapil would be entitled to payment of his backwages in the event that he is acquitted. It found no merit in Pilapil’s argument that he was previously suspended for one month by the Office of the Ombudsman in a related administrative case. 

Suspension by the ombudsman for an administrative case is distinct from a suspension by the court for criminal charges, the third division said.

 Pilapil’s suspension is mandatory under Section 13 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, it added.

Pilapil, a former chairman of the municipal bids and awards committee, is among the co-accused of former mayor Mariano Blanco III, who was charged with 15 counts of graft in 2017.

The cases stemmed from alleged anomalous procurement of medical supplies as well as materials for the construction of a school building, a day-care center, a health center, a barangay hall, a legislative building and a road.

The ombudsman said the accused failed to post invitations to bid on the Philippine Government Electronic Procurement System website in violation of  the Government Procurement Reform Act.