Cuerpo refuses anew 90-day suspension

MANILA, Philippines - Rodriguez, Rizal Mayor Pedro Cuerpo refused to accept yesterday the 90-day suspension meted him by the Sandiganbayan for illegally demolishing houses in his town in 2004 and held himself up anew in his office at the municipal hall.

The Department of Interior and Local Government served Cuerpo his suspension notice but the local chief executive did not accept it because of his camp’s pending second motion for reconsideration before the Supreme Court.

“I still have my options,” said Cuerpo, adding that he will exhaust all necessary actions to stop the suspension.

Cuerpo insisted that he is still the active mayor of the town and will continue acting as such.

However, the DILG claimed, Vice Mayor Jonas Cruz will temporarily take over Cuerpo’s functions.

Recently, an anti-graft court has issued two separate resolutions upholding the suspension of Cuerpo and three other town officials, saying there is “probable cause” to hold them for trial in connection with the “illegal demolition” charges filed by residents Leticia Nanay, Nancy Barsubia, Gemma Bernal, Ma. Victoria Ramirez, Crisanta Oxina and Adelaida Ebio in 2004.

A resolution signed by Associate Justice Teresita Diaz-Baldos, upheld the suspension of Cuerpo for allegedly “depriving the residents of lawful use of their land and demolishing the houses without due process and without any legal basis.”

The Sandiganbayan ordered that the suspension be re-imposed against Cuerpo in response to a petition by Ombudsman Special Assistant Prosecutor Maria Janina Hidalgo after the Rodriguez residents filed the graft complaints.

There are 32 cases filed against Cuerpo, most of which he suspects that the provincial capitol has a hand on it.

Also included in the suspension order are Rodriguez municipal engineer Fernando Roño, barangay chairman Salvador Simbulan and police officer Renato Evasco.

Motion denied

Another resolution, signed by Sandiganbayan Associate Justice Samuel Martires, likewise denied Cuerpo’s motion for the judicial determination of probable cause and for the dismissal of the graft charges.

The Sandiganbayan also junked Cuerpo’s petition for reinvestigation. “A reinvestigation can be justified only if it can be demonstrated that the preliminary investigation proceedings were caused by some defect or irregularity that violates the rights of the accused,” the resolution read.

Earlier, Cuerpo stood pat on his action, saying the demolition of the residents’ houses – which were built beside a river – was justified because they were in a “danger zone.”