Sandigan admits evidence vs Bautista

MANILA, Philippines — The Sandiganbayan has admitted all the documentary evidence presented by the Office of the Ombudsman’s prosecution team against former Quezon City mayor Herbert “Bistek” Bautista and former city administrator Aldrin Cuña in connection with the allegedly anomalous P32-million online occupational permitting and tracking system project in 2019.

In a minute resolution dated Feb. 7, the court’s Seventh Division ruled to admit all the documentary exhibits offered by the prosecution panel despite the objections of Bautista and Cuña.

“Their objections heavily assail the materiality and probative value, rather than the admissibility, of the exhibits in question. It is evident that at the formal offer stage, the only issue presented is the admissibility of evidence, not its evidentiary weight,” the Seventh Division said.

Among the prosecution’s exhibits admitted by the Seventh Division were documents from the Commission on Audit – Audit Group M of Quezon City, as well as those from the city business permits and licensing department and the city council.

The Seventh Division noted that during the pre-trial proceedings, the defense camp admitted the “existence, due execution and authenticity” of the documents that the prosecution intended to offer as its exhibits during the trial proper.

The Seventh Division said the materiality and probative value of each of the exhibits it admitted as evidence “shall be evaluated in the ultimate disposition of the case.”

The court set the initial presentation of Bautista and Cuña’s counter-evidence on March 20.

Filed by the ombudsman in March last year, 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 to the latter despite the absence of a specific budget appropriation ordinance enacted by the city council.

Instead, Cuña signed a purchase request and an obligation request 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,” the ombudsman alleged.

Baustista 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 despite 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 on an undated certificate of acceptance issued by Cuña.

According to 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 his three terms as mayor.

Bautista and Cuña earlier pleaded not guilty to the charges.