The Sandiganbayan's First Division has slapped 90-day suspensions each to five officials of the Public Estates Authority (PEA) and six auditors of the Commission on Audit (COA) in connection with a graft case filed against them by the Office of the Ombudsman.
The suspension order included Theron Victor Lacson, PEA general manager for finance; Jaime Millan, assistant general manager; Bernardo Viray, technical services general manager, Raphael Pochollo Zorilla, project management office; and Cristina Amposta-Martel, the agency's legal department manager.
From the COA, those suspended were state auditor Manuela dela Paz; Arturo Layug, state auditor and the agency's technical services division chief; Benilda Mendoza, COA supervising technical audit specialist; assistant chief of technical servies Epifacnio Pureza; technical specialist Jose Capistrano; and technical audit specialist Ma. Cecilia dela Rama.
The defendants allegedly took part in a conspiracy to defraud the government through the cost-padding in the construction of the P1.1-billion, five kilometer President Diosdado Macapagal Boulevard in Pasay City.
Millan, Zorilla, Viray, Mendoza and dela Rama denied the accusation and attempted to block the suspension order. They claimed that the validity of the information filed against them is still being challenged before the Supreme Court.
COA officials, meanwhile, said that the reason behind the preventive suspension does not apply to them since they were not in control or possession of evidence related to the case.
The graft court, however, dismissed their arguments. It said that the high court has upheld the validity of the case against the defendants in a resolution issued on Aug. 16, 2005 in the case of Jesusito D. Legaspi v. Sandiganbayan et al.
"The assertions of the accused are devoid of merit. Once the information is found to be sufficient in form and substance, then the Court must issue the order of suspension as a matter of course," the Sandiganbayan decision said.
"There are no ifs and buts about it. The court finds no justifiable ground to withhold the issuance of the mandatory order of suspension pendent elite against the accused," added the resolution dated July 30.
Meanwhile, prosecutors said there was evidence that the project was overpriced by over P630 million wherein contractor Jesusito Legaspi was also accused.
PEA has since been abolished and renamed Philippine Reclamation Authority.