Herbert Bautista to challenge P32-M graft conviction
MANILA, Philippines — Former Quezon City Mayor Herbert Bautista plans to file a motion for reconsideration after the Sandiganbayan convicted him of graft on Monday, January 20.
“We will definitely prepare and file a motion for reconsideration of this decision,” Bautista’s legal counsel said in a statement.
Bautista’s camp maintained his innocence of the graft charge tied to a P32.1 million deal with Geodata Solutions Inc. during his term in 2019. The contract involved the development of an online system to process occupational permits during his term as mayor.
The Sandiganbayan’s Seventh Division ruled that Bautista, alongside the former city administrator Aldrin Cuña, violated Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.
RELATED: Ex-QC mayor Bautista, city official face prison for graft over P32-M IT deal
Bautista’s legal counsel urged the anti-graft court to “take a second hard look” at the evidence presented during the trial, describing the charge filed against Bautista as “malicious.”
“He did not commit any act which constitutes the offense charged. The vote is two against one — meaning there exists a cloud of doubt even among the justices who deliberated on the evidence presented in this case,” the statement read.
Dissenting opinion
In the Sandiganbayan's 146-page decision, Associate Justice Georgina Hidalgo issued a dissenting opinion, stating that the prosecution failed to prove all the necessary elements beyond a reasonable doubt to justify a conviction.
Hidalgo said these elements include proving the accused was a public officer, acted in bad faith or with gross negligence, and caused “undue injury” to any party, whether government or private.
The first element was clearly established, while the latter two was not substantiated by the evidence, she said.
“The evidence presented did not convincingly show that accused Bautista and Cuña exhibited manifest partiality, evident bad faith, or inexcusible negligence when they approved and released public funds to Geodata,” Hidalgo said.
She explained that Bautista’s approval of the disbursement voucher and full payment to Geodata was based on attached documents and his trust in subordinates who were responsible for ensuring compliance with requirements.
“There is therefore no proof to show that accused Bautista acted with fraudulent intent when he signed the disbursement voucher,” Hidalgo said.
Sentencing and further arguments. The Sandiganbayan sentenced Bautista and Cuña to a minimum of six years and one month, up to a maximum of 10 years in prison, along with a lifetime disqualification from holding public office — but with no fines.
For Hidalgo, if there is no fraudulent intent, “it stands to reason that their punishment should be carefully evaluated and potentially mitigated.”
She argued that no injury or harm resulted from the incomplete implementation of the online system, as the application was still delivered albeit with errors.
Hidalgo also pointed out the inconsistent testimonies regarding the system's benefits or harm caused.
“It must be emphasized that he never personally and financially gained anything from this project. Not a single centavo went to our client’s pocket,” Bautista’s camp said.
The former Quezon City mayor has 15 days to file a motion for reconsideration. Should this be approved, the decision may be overturned.
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