MANILA, Philippines — The Sandiganbayan has denied the petition of former Quezon City mayor Herbert Bautista to dismiss one of the graft complaints filed against him.
In a 15-page resolution dated April 26 but released to media only yesterday, the anti-graft court’s Seventh Division dismissed the motion filed by Bautista and set his arraignment on May 18.
Bautista’s petition sought to quash the graft case filed against him over alleged irregularities in the procurement of an online occupational permitting and tracking system worth P32.1 million in 2019.
Bautista said the facts cited in the complaint do not constitute an offense that would warrant his indictment.
He argued that a public bidding was conducted for the project.
Bautista also cited documents, including three ordinances, which supposedly supported the project’s implementation.
He maintained that he did not benefit from the project.
The former mayor said his right to speedy disposition of the case was violated as the ombudsman took more than three years to conclude the preliminary probe.
In response, government prosecutors said the issues raised by Bautista “are not proper for consideration” at this stage of the proceedings.
“The references raised by Bautista will be better ventilated during trial on the merits of the case,” read the resolution penned by Associate Justice Ma. Theresa Dolores Gomez-Estoesta.
The court also cited the filing of pleadings by Bautista and his co-respondent, former city administrator Aldrin Cuña, which supposedly delayed the investigation.
The Sandiganbayan ruled there was no violation of Bautista’s right to speedy disposition of the case, citing the pandemic.
Bautista and Cuña are facing two graft charges over alleged midnight projects amounting to P57.4 million.
They were also charged over alleged irregularities in the payment of P25.342 million for the installation of a solar power system and for waterproofing works at the city hall.
Based on the charge sheet, payments were approved by Bautista on June 27, 2019 or three days before he stepped down from office.