Palace hands off on graft case vs Acosta

MANILA, Philippines - Malacañang yesterday washed its hands of the graft case of Presidential Adviser on Environmental Concerns Neric Acosta at the Sandiganbayan, saying he can fend for himself without any help from President Aquino.

“We leave it to him to defend himself before the Sandiganbayan. The case was filed prior to his assumption of office and we believe the lawyers of Mr. Acosta are fully capable of defending him,” presidential spokesman Edwin Lacierda said.

“We have other officials who will take care of the environment,” he told reporters, following questions regarding Acosta’s suspension, which the anti-graft court’s fourth division handed down.

Acosta is facing three graft suits at the Sandiganbayan. He argued that he cannot be sanctioned by the court, on the basis that he is an appointee of Aquino, who was aware of the charges even before he was appointed. “The act of the President in appointing accused as Presidential Assistant with the rank of a Cabinet Secretary, despite knowing the existence of this case, is a political act which is beyond the power of courts to rule upon, interfere with, or adjudicate against. The appointment of the accused is a political question that is non-justiciable and which this Honorable Court cannot pass judgment on,” he reasoned out.

Acosta also serves, in a concurrent capacity, as administrator of the Laguna Lake Development Authority. Prior to his appointment, he was former congressman of Bukidnon and lost in the May 2010 senatorial race.

Government prosecutors Rabendranath Uy and Ireneo Paldeng are seeking Acosta’s suspension while his cases are undergoing trial at the Sandiganbayan, where he was charged with violations of the Anti-Graft and Corrupt Practices Act (RA 3019).

The prosecution invoked the mandatory provision of the Anti-Graft Law, which orders the suspension of any public official charged with any offense involving fraud in connection with government or public funds or property.

Acosta was indicted for graft for alleged fraudulent handling of public funds amounting to P10.5 million. His co-accused were his mother, former Manolo Fortich town mayor Socorro Acosta, and his aunt Ma. Nemia Bornidor.

The cases were based on a complaint filed by anti-corruption group Bukidnon Crusade Against Graft and Corruption alleging that as congressman of Bukidnon in 2001, Acosta used the amount from his pork barrel funds to give a P2.5-million solar tunnel dryer to the municipal government of Manolo Fortich.

Another P2.5 million was reportedly also transferred to the Bukidnon Integrated Network of Home Industries (BINHI) Inc., a private cooperative, and P5.5 million to Bukidnon Vegetable Producers Cooperative (BVPC), also a private entity. Mayor Acosta was supposedly a member and director of BVPC while Bornidor was a member of the board of BINHI.