Sandigan affirms suspension of Leyte congressman for graft

The Sandiganbayan First Division has affirmed a 90-day suspension order on Leyte 4th District Rep. Eufrocino Codilla Sr. in connection with a pending graft charge filed against him by the Office of the Ombudsman.

In a 10-page resolution promulgated last Oct. 9, the Sandiganbayan junked Codilla’s Motion for Reconsideration (MR) questioning the basis for the suspension order.

Codilla claimed the suspension is invalid because of the grave abuse of discretion committed by former Ombudsman Aniano Desierto.

He cited that Desierto unilaterally reversed a resolution by investigators recommending the dismissal of the complaint.

The Sandiganbayan resolution, penned by Associate Justice Diosdado Peralta, upheld the power of the Ombudsman to overturn the recommendation of his investigators, an authority that was already sustained by the Supreme Court in an earlier case.

“The Court is not inclined to disagree with the recent disquisition of the Supreme Court upholding the powers of the Ombudsman, especially in the filing or dismissal of cases filed before his office. Certainly, it is within the power of the Ombudsman whether he adopts the recommendation of his subordinates or disapproves the same,” the court said.

Codilla also argued in his appeal that the suspension is already moot because he is no longer in a position to influence the case or intimidate witnesses.

He said the offense imputed against him took place when he was still mayor of Ormoc City, and he is now a congressman.

The Sandiganbayan, however, overruled Codilla’s defense, upholding the prosecution stand that suspension of the accused in this particular case is mandatory under Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

The case against Codilla stemmed from an allegation that he maintained financial interest in a cockpit business being run in a sports center built on his own property while he was Ormoc City mayor.

Prosecutors said that while the accused was not a member of the Sangguniang Panlungsod, which issued a business permit to his son, Eric, to operate the cockfighting business, Codilla’s ownership of the land and the building where the business is being run, sufficiently established his financial interest in the enterprise.