MANILA, Philippines — The Sandiganbayan has denied a bid by former Quezon City administrator Aldrin Cuña to dismiss the graft case against him in connection with the allegedly anomalous P25.342-million solar power system and waterproofing project during Herbert Bautista’s term as mayor in 2019.
In a 10-page resolution promulgated on Tuesday, the anti-graft court’s Third Division denied for being “bereft of merit” Cuña’s motion to quash the case information, also commonly referred to as charge sheet, and to dismiss his case of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The Third Division had earlier denied a similar motion to dismiss the case filed by Bautista, the primary accused.
Filed by the Office of the Ombudsman last March 15, the case stemmed from 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 despite the company’s failure to secure a prerequisite for the project.
The payment was released based on an undated certificate of acceptance issued by Cuña, the ombudsman said.
Bautista and Cuña are also facing a separate graft case before the Seventh Division of the Sandiganbayan over the allegedly anomalous online occupational permitting and tracking system project amounting to P32 million with Geodata Solutions Inc.
The ombudsman said Bautista approved the release of payment to Geodata despite the absence of a specific budget appropriation ordinance enacted by the city council.
Full payment was made to Geodata “without complete delivery of the project,” according to the ombudsman.
Based on the charge sheets, payments to both Cygnet and Geodata were approved by Bautista on June 27, 2019 or just three days before he stepped down from office after three terms as mayor.