Sandiganbayan denies ex-mayor Herbert Bautista's graft case dismissal

MANILA -- The Sandiganbayan 7th Division denied the motion to dismiss filed by former Quezon City mayor Herbert Bautista in his graft case involving a P32-million information technology procurement.

In a resolution dated June 22, 2023, the court stated that incomplete pre-trial documents involving details on witnesses and documents is not a ground for the dismissal of the case.

In his motion to dismiss, Bautista said the incomplete pre-trial briefs of the prosecution is tantamount to failure to appear during pre-trial, warranting the dismissal of the case with prejudice.

“In the same way that the prosecution cannot impose upon the accused how to set up his defense, the accused cannot dictate on the general strategy employed by the prosecution,” the court said in the resolution penned by Division Chairperson Ma. Theresa Dolores Gomez-Estoesta, with the concurrence of Associate Justices Zaldy Trespeses and Georgina Hidalgo.

Bautista is facing trial for the procurement of online occupation permitting and tracking system and others in 2019.

• Court denies motion that threatens Herbert Bautista's right vs self-incrimination
• Ex-QC mayor Herbert Bautista faces graft raps over P57 million worth of projects

Meanwhile, in a separate resolution, the court ordered the 90-day preventive suspension of Bautista’s co-accused, former city administrator Aldrin Cuña from his position as Director III at the National Defense College of the Philippines, as mandated by Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.

Cuña earlier told the court that he has no intention of influencing prosecution witnesses nor tampering with any documentary evidence, stressing that the NDF has no regular transactions with the local government of Quezon City.

“Despite accused’s position to the contrary, therefore, the mandatory nature of preventive suspension should be enforced,” the court said.

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