Sandigan suspends Barcenas for 90 days

CEBU, Philippines — The Sandiganbayan 17th Division has ordered a 90-day preventive suspension against Carcar City Vice Mayor Mario Patricio Barcenas over his alleged involvement in the controversial fertilizer fund scam.

Associate Justice Ma. Theresa Dolores Gomez-Estoesta issued the order against Barcenas after the latter’s arraignment on the criminal case for violation of the Anti-Graft and Corrupt Practices Act.

Earlier, Barcenas pleaded not guilty to the crime for violation of Section 3(e) of Republic Act 3019. According to the anti-graft court, Section 13 of the anti-graft law provides for mandatory preventive suspension of any public officer charged with the crime. 

Associate Justice Ma. Theresa Dolores Gomez-Estoesta ordered the suspension of Mario Patricio Barcenas after his arraignment for a violation of Anti-graft and Corrupt Practices Act. 

“Accused was arraigned and pleaded not guilty under valid Information for violation of Section 3 (e) of R.A. 3019. Section 13, makes it mandatory for this Court to suspend any public officer against whom a valid information is filed charging a violation of said law, Title 7, Book II of the Revised Penal Code, or for any offense involving fraud upon government or public funds or property,” the court ruled.

The anti-graft court earlier denied Barcenas’ omnibus motion to quash the criminal information and the warrant for his arrest. He sought the dismissal of the case arguing that the transaction he entered into in 2011 did not constituent an offense.

Barcenas, who was then mayor of Carcar City, procured 166 liters of foliar liquid fertilizer in 2011 through direct purchase from M.M. Castillo General Merchandise. The transaction costs the city government P239,040.

Barcenas said that direct purchase is allowed under Section 50 of Republic Act 9184 or the Government Procurement Reform Act.

“No actual injury was caused because the purchase of the fertilizers was not a ghost project, nor was there incomplete delivery of the same. All 166 liters of foliar fertilizers were delivered to the intended beneficiaries, and duly accounted for,” Barcenas said.

However, the court ruled that the matter would have been better ventilated had he filed a motion for bill of particulars.

The anti-graft court has directed the secretary of the Department of Interior and Local Government to immediately implement the suspension order. The court clarified that the order will be lifted automatically upon the expiration of the 90-day period. — FPL (FREEMAN)