The Sandiganbayan has directed the 90-day suspension of Davao del Sur vice governor Marc Douglas Cagas IV based on the criminal charges filed against him in connection with the alleged misuse of his pork barrel allocations during his stint as a member of the House of Representatives. 

In a 10-page resolution, Presiding Justice Amparo M. Cabotaje-Tang placed Cagas under preventive suspension for 90 days, and directed the Department of Interior and Local Government (DILG) to carry out such order. 

“The DILG Secretary is requested to inform the Court of the action taken thereon within five days from the implementation of the suspension,” read the resolution promulgated Dec. 3.

Cagas’ suspension will be automatically lifted upon the expiration of the 90-day period from the implementation of the resolution.

Associate Justices Bernelito R. Fernandez and Ronald B. Moreno concurred with Cabotage-Tang’s decision. 

In the resolution, Sandiganbayan stressed that the courts have the ministerial duty to place an accused under preventive suspension pursuant to Section 13 of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.

Section 13 or RA No. 3019 states that “any incumbent public officer against whom any criminal prosecution under a valid information under this Act or under Title 7, Book II of the Revised Penal Code or for any offense involving fraud upon government or public  funds or property whether as a simple or as a complex offense and in whatever stage of execution and mode of participation, is pending in court, shall be suspended from office.” 

Citing the law, it said "should the accused be convicted by final judgment, he will lose all retirement or gratuity benefits under any law, but if he is acquitted, he will be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him."

Two counts each of graft and malversation of public funds have even slapped against Cagas for allegedly funneling his P6 million of his Priority Development Assistance Fund (PDAF) into Farmerbusiness Development Corp, a non-government organization, using Technology Resource Center (TRC), a government-owned or controlled corporation as a conduit.

The anti-graft court cited that Cagas was given the opportunity to explain why he should not be placed under preventive suspension. 

In his comment/explanation dated Sept. 18, 2020, Cagas argued that in case of Crespo vs Mogul, the courts are given the “exclusive direction” regarding any dispassion of the case filed before it, and this discretion allegedly includes sparing him from the sweeping imposition of suspension pendete lite.

“While he is aware of the mandatory character of Section 13 of RA No. 3019, he submits that since there are two doctrines allegedly applicable to him, the other being the Crespo vs Miguel doctrine,the one that is most favourable to him, must therefore, be adopted,” the anti-graft court said. 

Cagas contended that placing him under preventive suspension will no longer serve its purpose considering that the opportunity of tampering the subject documents or influencing the possible witnesses in these cases would not do him any benefit allegedly because other than the Memorandum of Agreement and Letter of Endorsement, all the other documents pertaining to the questioned transactions were not signed by him but by the concerned officers or personnel of the Department of Budget and Management, Technology Resource Center, National Agribusiness Corporation and the representatives of the subject non-government organizations, namely Progress and Development Foundation Inc. and Social Development Program for Farmers Foundation Inc. 

According to him, by allegedly not signing any document and not participating in the implementation of the questioned transactions, he has no reason to tamper any document or influence any witness. 

He also claimed that the documents being referred to may no longer be tampered considering that they were already pre-marked and made part of court records. 

Cagas said placing him under preventive suspension at this time will no longer serve its purpose because the subject documents are already pre-marked and made part of the court records. 

The anti-graft court thumbed down Cagas’ claims. 

“Wherefore, the Court hereby orders the suspension pendente lite of accused Marc Douglas Chan Cagas IV as Vice-Governor of Davao Del Sur and from any other public positions he may now or hereafter hold for a period of 90 days immediately from receipt of this resolution,” the anti-graft court said.