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20240314-Herbert-Bautista-ABS-CBN-News

Victoria Tulad

ABS-CBN News

<div><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/171040411059020240314-Herbert-Bautista-ABS-CBN-News.jpg" style="width:960px" class="fr-fic fr-dib"/><span id="isPasted" style="color:rgb(65, 65, 65);letter-spacing:normal;orphans:2;text-align:left;text-indent:0px;text-transform:none;widows:2;word-spacing:0px;-webkit-text-stroke-width:0px;white-space:normal;background-color:rgb(255, 255, 255);text-decoration-thickness:initial;text-decoration-style:initial;text-decoration-color:initial;display:inline !important;float:none">Former Quezon City Mayor Herbert Bautista. Mark Demayo, ABS-CBN News/file </div>Former Quezon City Mayor Herbert “Bistek” Bautista’s graft case will continue after the Sandiganbayan denied his motion for leave to file demurrer to evidence.In a 23-page resolution, the anti-graft court’s 7th Division said there is sufficient evidence against Bautista on his supposed violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.The case stems from the alleged anomalous P32.1 million contract that the local government entered into with the company Geodata for the “Procurement of Online Occupational Permitting and Tracking System and Others” in 2019.  The prosecution argued that there was no specific appropriation for the project, which goes against the law. It also said Bautista and his co-accused, former City Administrator Aldrin Cuña, approved and certified the full payment of the project even if complete delivery has not been made.Bautista filed his motion last February, questioning the sufficiency of the prosecution’s evidence.His camp argued that since Bautista was not part of the bids and awards committee, the reported irregularities could not be attributed to him.The project was also supposedly delivered to the Quezon City government. If it was not used, Bautista claimed it was not because of the non-operability, but due to the choice of the subsequent administration.The former mayor added that he and Cuña did not commit a conspiracy.In the resolution, the court said there was an appropriation ordinance for the said project with Geodata. The issue of full payment, however, remains to be resolved.According to Section 88 of Presidential Decree 1445, “Except with the prior approval of the President (Prime Minister) the government shall not be obliged to make an advance payment for services not yet rendered or for supplies and materials not yet delivered under any contract therefor”.The court said the determination of the crime needs a full-blown trial.“On whether ‘complete delivery’ was made, however, this is addressed to the adjudicative function of this court, which determination cannot be made at this point in time without assessing the defense that can be posited by the defense,” the division said.The Sandiganbayan also denied Cuña’s similar motion for failing to establish sound arguments.The presentation of defense evidence is tentatively set on March 20.

Former Quezon City Mayor Herbert “Bistek” Bautista’s graft case will continue after the Sandiganbayan denied his motion for leave to file demurrer to evidence.

Former Quezon City Mayor Herbert “Bistek” Bautista’s graft case will continue after the Sandiganbayan denied his motion for leave to file demurrer to evidence.

Sandiganbayan junks Bistek’s motion to dismiss graft case

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Sandiganbayan junks Bistek’s motion to dismiss graft case

Victoria Tulad,

ABS-CBN News

Published Mar 14, 2024 04:16 PM PHT

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Herbert Bautista

Sandiganbayan

ANC

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