Antique Gov. Rhodora J. Cadiao has failed to convince the Sandiganbayan to stop the proceedings on her suspension pending the resolution of the graft case filed against her.
Cadiao was charged with graft for her alleged refusal to pay the salaries and representation and travel allowances of Antonio dela Vega from 2016to 2018.
Dela Vega, who was head of the Provincial General Services Office, was transferred to the Culasi satellite office. Prosecutors said that the Civil Service Commission (CSC) has invalidated Culasi's reassignment, so he should have been paid his salaries and allowances of P1.665 million.
Section 13 of R.A. No. 3019 states that "any incumbent public officer against whom any criminal prosecution under a valid information... for any offense involving fraud upon government or public funds or property... in whatever stage of execution and mode of participation shall be suspended from office."
In seeking a stop to the suspension proceedings, Cadiao told the Sandiganbayan that there is no more need for suspension pendente lite (pending litigation) to be imposed since the private complainant is already desisting from pursuing the case. She said that Dela Vega has informed her that he would be executing an affidavit of desistance.
Instead of granting Cadiao's plea, the Sandiganbayan decided to continue with the suspension proceedings and set another hearing on Sept. 19 at 8:30 a.m. It also ordered the prosecution to comment on Cadiao's manifestation.
"How these allegations may affect the nature of the charge that will necessarily call for the preventive suspension of the accused should first be determined. Meantime, the prosecution should comment on the matter," the court's resolution stated.
The four-page resolution was written by Chairperson Associate Justice Ma. Theresa Dolores C. Gomez-Estoesta with the concurrence of Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo.