MANILA, Philippines - The Sandiganbayan yesterday ordered Presidential Assistant on Climate Change and Laguna Lake Development Authority (LLDA) general manager Nereus Acosta placed under 90-day preventive suspension for alleged misuse of his pork barrel funds when he was a congressman representing Bukidnon.
The anti-graft court’s Fourth Division directed the Office of the President through Executive Secretary Paquito Ochoa Jr. and the LLDA Board of Directors to implement the suspension of Acosta, who faces trial on charges of fraudulently disbursing P10.5 million in pork barrel funds.
In a 10-page resolution, the court ordered Acosta to “cease and desist from further performing and/or exercising the functions, duties, and privileges of the positions he is currently occupying.”
The decision was in response to a motion filed by Ombudsman prosecutors Rabendranath Uy and Ireneo Paldeng urging the Sandiganbayan to implement the mandatory suspension of any official charged under the Anti-Graft and Corrupt Practices Act.
Government lawyers said Acosta should be temporarily removed from his post “to prevent the accused public officer from hampering his prosecution by intimidating or influencing a witness, tampering with documentary evidence, or committing further acts of malfeasance.”
The Sandiganbayan, in a ruling penned by Associate Justice Maria Cristina Cornejo, junked Acosta’s argument that being an alter ego of the President, he could not be suspended.
“Only in matters pertaining to the department where he is assigned and where the President is required by law to exercise authority. The alter ego principle cannot be invoked with respect to acts committed by the public official concerned before his appointment as such Cabinet member or one with the rank of a Cabinet Secretary,” the ruling read.
The Sandiganbayan said the criminal liability is personal to the offender and cannot be transferred to another as in Acosta’s case.
The anti-graft court added the alter ego argument raised by Acosta is “erroneous” and “utterly bereft of legal basis.”
“Accused may simply have ignored the fact that while he no longer holds office where and by virtue of which the questioned acts were committed, nevertheless, he remains to be a public official and not just a public official, but one with a Cabinet rank and as such, logically continues to be with influence,” Cornejo said.
However, the suspension order against Acosta can still be appealed through the filing of a motion for reconsideration by the accused 15 days after its official receipt, the Sandiganbayan said.
If a motion for reconsideration is filed within the allowed period, the anti-graft court said the suspension order would not be implemented until after the appeal is resolved.
Acosta is accused of involvement in the allegedly illegal transfer of a Solar Tunnel Dryer worth P2.5 million from the municipality of Talakag to Manolo Fortich and its subsequent use and management by the Bukidnon Integrated Network of Home Industries, Inc (BINHI) when he was still serving as representative of the province.
He was also accused of releasing public funds to the same private entity in the amount of P2.5 million and releasing public funds amounting to P5.5 million to the Bukidnon Vegetables Producers Cooperative (BVPC), another private entity.