The Sandiganbayan has allowed former Quezon City mayor Herbert “Bistek” Constantine M. Bautista to present an additional witness in his graft case involving the alleged irregular procurement of the P32.1 million online occupational permitting and tracking system project in 2019.

Bautista and former city administrator Aldrin Cuña were charged with violation of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, over the payment of P32.1 million to Geodata Solutions, Inc. for the project.

The prosecution alleged that there was no appropriate ordinance issued by the City Council for the project and there was no complete delivery of the products procured.

Last May 17, Bautista filed a motion asking the Sandiganbayan to allow him to present Geodata Solutions, Inc. representative Rommel G. Chavez as a witness, although another representative of the firm, Natividad V. Patco, had already testified.

Bautista said that Chavez should testify "considering his personal knowledge and first-hand experience in the procurement of online occupational permitting system."

He also said that Chavez was the "man on the ground" as the project manager tasked to oversee and implement the project. Patco, on the other hand, had general supervision over the said procurement and was the one who received reports from Chavez, he added.

Since Chavez was not listed as one of the witnesses intended to be presented by Bautista, the anti-graft court said that "good cause" is needed as a legal excuse to allow him to testify at this time.

In this case, the court said that Chavez's testimony will offer a different take on the testimony already given by Patco, since he was the person on the ground who undertook the project.

"It is his personal knowledge of the project which may aid the court in arriving at a fully informed decision which if denied at the outset, may have a direct effect on the defenses that may still be laid out by accused Bautista," the court said.

The five-page resolution was written by Seventh Division Chairperson Ma. Theresa Dolores C. Gomez-Estoesta with the concurrence of Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo.

Bautista and Cuña are also facing a separate graft charge before the court's third division over the P25.3 million payment made to Cygnet Energy and Power Asia, Inc.

Prosecutors said that Bautista and Cuña made the full payment to Cygnet for the Supply and Installation of Solar Power System and Waterproofing Works for Civic Center Building.

They alleged that Cygnet was not entitled to the said amount due to its failure to get the Net Metering System from the Manila Electric Company (Meralco), which is a requirement of the Supply and Delivery Agreement.