THE PHILIPPINES’ anti-graft court has rejected a motion to dismiss a corruption lawsuit against former Quezon City Mayor Herbert M. Bautista in connection with the city’s P32.1-million deal with a local software company in 2019.
In a 23-page resolution dated March 8, the Sandiganbayan Seventh Division denied the junking of the prosecution’s evidence in the charge sheet against the ex-mayor and his co-accused, former Quezon City Administrator Aldrin C. Cuna.
Associate Justice Ma. Theresa Dolores C. Gomez-Estofesa penned the resolution denying Mr. Bautista’s motion for leave to file demurrer to evidence and ruling that there is probable cause for the case to proceed to trial.
Mr. Bautista and Mr. Cuna have been charged with violation of the Anti-Graft and Corrupt Practices Act (R.A. 3019) over alleged irregularities in the P32.1-million deal with Geodata Solutions, Inc. for the procurement of online occupational permitting and tracking systems for the city government.
The anti-graft court denied Mr. Cuna’s motion for demurrer as well, and set the presentation of defense evidence on March 20.
Mr. Bautista had denied a conspiracy with Mr. Cuna, stating that he was not even part of the bids and awards committee and could not be faulted for any irregularity.
He also maintained that the deal was above board and delivered to the city government.
The resolution of the court noted that there was an appropriation ordinance for the project, contrary to the claim of the prosecution. But the prosecution also argued that Mr. Bautista and Mr. Cuna had allegedly approved full payment to Geodata even before it completed the delivery.
Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo concurred with the resolution that the case deserved a full-blown trial. — Kenneth Christiane L. Basilio
