BACOLOD CITY , Philippines — The Sandiganbayan’s Fifth Division in Quezon City has denied the motion of Ilog town (Negros Occidental) Mayor John Paul Alvarez for reconsideration of preventive suspension that the graft body handed down on him and eight others in September last year.
In a 7-page resolution dated February 8, 2013, penned by chairperson Roland Jurado, the Sandiganbayan said: “The court finds no cogent reason to disturb its resolution sought to be reconsidered.â€
Alvarez and 10 others, including his father, incumbent Vice Governor Genaro Alvarez Jr., are facing murder charges before the DOJ in the killing of Kabankalan RTC Judge Henry Arles in April 2012. The DOJ is yet to rule on the merits of the case.
Philip Arles, the slain judge’s son, has furnished the media the Sandiganbayan order last Monday. He is running for congressman in the May 2013 elections against incumbent 6th District Rep. Mercedes Alvarez, the mayor’s sister. Vice Governor Alvarez, for his part, is running for governor against incumbent Gov. Alfredo Marañon Jr.
Philip said the case filed against Mayor Alvarez before the Sandiganbayan was allegedly the reason why his father was killed. The judge was gunned down by men on board a tricycle and a motorcycle while he was on his way home to Ilog town last April 24.
On Sept. 21, last year, the Sandiganbayan Fifth Division ordered the DILG to preventively suspend Alvarez and eight municipal government employees for 90 days. The four-page order, penned by Jurado and concurred by associate justices Alexander Gesmundo and Amparo Cabotaje-Tang, stated that there was probable cause that Alvarez and his co-accused violated Republic Act 3019 (Anti-Graft and Corrupt Practices Act).
Other co-accused who were suspended by the Sandiganbayan were members of the Ilog bids and awards committee—chairman: municipal engineer Manuel Sitchon, vice chairman: planning officer Elbert Magbato, and members: municipal health officer Joseph Quijano, budget officer Hegel Dumadia, municipal treasurer Alberto Gidalanon, DepEd supervisor Joelito Cordero, drafstman Jany Joe Bobon, and property officer Arsenia Juanero.
The suspension was in connection with a case filed against Alvarez and the eight LGU employees for allegedly unlawfully repairing and replacing the motor engine of a service vehicle of the Ilog’s DepEd office.
Mayor Alvarez, in his motion for reconsideration before the Sandiganbayan, said “the allegation of undue injury to the government of Ilog is clearly not true and this falsity renders the validity of the charges questionable.â€
DILG provincial director Ma. Joy Maredith Madayag yesterday said they have not received an order from the DILG national office to implement the Sandiganbayan order.
Madayag said Mayor Alvarez can appeal the Sandiganbayan decision but once her office receives the DILG national office’s order, the suspension order will be implemented despite the pending appeal for reconsideration.
On Monday, Vice Governor Alvarez said his mayor-son has not received copies of the two Sandiganbayan resolutions ordering the suspension. (FREEMAN)