MANILA, Philippines — Former Quezon City mayor Herbert Bautista is set to be arraigned today for his graft case in connection with the allegedly anomalous procurement of an online occupational permitting and tracking system amounting to P32.108 million in 2019.
Bautista, accompanied by his lawyer, is scheduled to appear before the Sandiganbayan’s Seventh Division at 8:30 a.m. to enter his plea.
The former mayor may refuse to enter any plea, in which case the court shall enter a “not guilty” plea on his behalf in accordance with the rules of proceedings.
Bautista’s arraignment was set after the Seventh Division denied his motion to dismiss the charge of violating Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The court said Bautista’s argument that the procurement for the project had undergone a public bidding is a matter of defense best ventilated during the trial of the case.
The Seventh Division also saw no merit in Bautista’s claim that his right to a speedy disposition of the case was violated as the Office of the Ombudsman took more than three years to conclude its preliminary probe and file the case in court.
The Seventh Division said the COVID-19 pandemic as well as the filing of pleadings by Bautista and his co-accused, former city administrator Aldrin Cuña, contributed to the delay in the investigation.
Filed by the ombudsman last March 15, the case stemmed from the payment of P32.108 million to Geodata Solutions, Inc. for a supposed “online occupational permitting and tracking system” project.
The ombudsman said Bautista entered into a contract with Geodata and approved the release of payment despite the absence of a specific budget appropriation ordinance enacted by the city council.
Instead, the ombudsman said, Cuña signed the purchase and obligation requests to make it appear that the release of the fund was lawful and under his direct supervision.
The ombudsman said full payment was made to Geodata “without complete delivery of the project.”
Bautista and Cuña are also facing a separate graft case before the Sandiganbayan’s Third Division in connection with the payment of P25.342 million to Cygnet Energy Power Asia Inc. for the supposed installation of a solar power system and for waterproofing works at the city hall’s Civic Center Building.
The ombudsman said Bautista approved the release of full payment to Cygnet notwithstanding the company’s failure to apply for and secure a net metering system from Manila Electric Co., which was a prerequisite for the project.
The ombudsman said the payment was released based merely on an undated certificate of acceptance issued by Cuña.
Based on the charge sheets, payments to both Geodata and Cygnet were approved by Bautista on June 27, 2019 or just three days before he stepped down from office after his three terms as mayor.