MANILA – Historical actor and incumbent Quezon Metropolis Councilor Roderick Paulate used to be handed a 90-day preventive suspension repeat by the Sandiganbayan seventh Division in connection with graft and falsification instances stemming from the alleged hiring of ghost staff.
In a resolution adopted on March 11, the anti-graft court talked about that the suspension is main under the Anti-Graft and Noxious Practices Act, despite the argument of Paulate that under the Native Executive Code, preventive suspension inner 90 days sooner than a native election is prohibited.
The court wired that the prohibition most productive applies to administrative instances and now to now not criminal instances which Paulate, who’s working for Vice Mayor, is going thru at the Sandiganbayan.
Also, in his observation submitted to the court, Paulate talked about that his case is in already in the pre-trial stage and there is nothing that would possibly perchance be influenced for the rationale that Ombudsman is already performed with the investigation of the case.
“We ought to restful also no longer lose watch of the truth that accused Paulate is an incumbent elected official and logically possesses affect. That is a fact that we can not ignore, hence the comely presumption that except the accused is suspended, he would possibly perchance well frustrate his prosecution or commit extra acts of malfeasance or originate each and each,” the court talked about in the resolution penned by Affiliate Justice Zaldy Trespeses, with the concurrence of Division Chairperson Ma. Theresa Dolores Gomez-Estoesta and Affiliate Justice Georgina Hidalgo.
Paulate is going thru one depend of graft, one depend of falsification by a public officer and eight counts of falsification of public paperwork.
He supposedly had urged to the Office of the Vice Mayor the hiring of 30 of us for contractual employment but grew to grow to be out to be ghost staff, inflicting undue damage to the govt. in the total quantity of P1.1 million in 5 months.
Paulate also argued in his observation that the resolution of the Office of the Ombudsman to push aside him in connection with his administrative case used to be reversed by the Court docket of Appeals and has attained finality.
“It is settled that an administrative case filed sooner than the Office of the Ombudsman and the criminal case sooner than the trial court are separate and sure from every numerous even in the event that they come up from the identical act or omission,” the court talked about.
The court issued a duplicate of the resolution to the Division of Interior and Native Executive for the implementation of the suspension repeat.