TAGBILARAN CITY, Philippines — The Sandiganbayan's 4th division in Quezon City meted a 90-day preventive suspension on Vice Mayor Pedro Budiongan Jr. of Carmen town in Bohol pending the litigation of a criminal case filed against him.
The Sandiganbayan granted the motion of the Office of the Special Prosecutor for a preventive suspension against Budiongan who is facing graft and corrupt charges, to prevent him from "hampering the prosecution by intimidating or influencing witnesses."
The 6-page suspension order was penned by Associate Justice Jose Hernandez and concurred by Associate Justice Gregory Ong-acting as chairperson, and Associate Justice Maria Cristina Cornejo.
Hernandez directed Governor Edgar Chatto to carry out the suspension against the vice mayor and to inform the Sandiganbayan of the action taken and actual date of implementing the order.
The vice mayor tried to argue against the prosecution's move for his suspension by saying "there is no more opportunity for any intimidation of witnesses and tampering of evidence since the prosecution has already presented its rebuttal evidence."
He contended that it was during his stint as mayor at the time of the transactions in question and that at present, he has limited powers as vice mayor and has no control over the documents as well as the employees during his previous term as mayor.
Further he argued that his present position is legislative in nature and that the preventive suspension "will deprive the constituents of Carmen of the services of a vice mayor who is entrusted with the duty to oversee the local legislative body." As such, Budiongan then asked that the prosecution's motion be dismissed.
The Sandiganbayan however junked all these contentions as untenable, adding that the purpose of a suspension pendente lite (while litigation is pending) is "to prevent the accused from committing further acts of malfeasance while in office."
Hernandez wrote that the law provides for a preventive suspension of any incumbent public official facing criminal prosecution "although it may be different from the prior office under which the information was charged."
The constituents would not be deprived of services, as argued by the vice mayor, because "nobody is indispensable in a public office," said Hernandez.