Sandigan refuses to suspend former Ilocos mayor’s case

CABUGAO, Ilocos Sur -- The Sandiganbayan Third Division refused to suspend the proceedings in the case of former Cabugao mayor Diocesar Suero in connection with the alleged overpayment of a farm-to-market road project in 2010.

Suero filed a petition for certiorari before the Supreme Court on Jan. 2, 2018 asking the Sandiganbayan to suspend the proceedings until a resolution has been reached.

It was initially dismissed on Jan. 24, 2018, but the SC reinstated the petition in a resolution dated June 25, 2018.

In his petition, Suero prayed for a temporary restraining order and preliminary injunction.

It challenged the Sandiganbayan’s decision denying his motion to dismiss.

He reasoned that the suspension of the proceedings is “for the sake of judicial courtesy” and “to avoid a judicial crisis.”

Despite his bid to suspend the proceedings, the anti-graft court said no as it highlighted Section 7 of Rule 65 of the Rules of Court. It said that “the public respondent shall proceed with the principal case within 10 days from the filing of a petition for certiorari with a higher court or tribunal, absent a temporary restraining order or a preliminary injunction, or upon its expiration.”

Since the SC did not issue a TRO or preliminary injunction, the Sandiganbayan said it is “mandatorily directed to proceed accordingly.”

“It should be emphasized that the precept of judicial courtesy should not be applied indiscriminately and haphazardly if we are to maintain the relevance of Section 7, Rule 65 of the Rules of Court,” the court ruled. “The observance of judicial courtesy has consistently been frowned upon. Hence, its non-application is treated as the rule.”

The four-page resolution is penned by Associate Justice Bernelito Fernandez with the concurrence of Presiding Justice Amparo Cabotaje-Tang and Associate Justice Sarah Jane Fernandez.

Suero was accused of graft for conspiring with Nesto Ibarra and giving preference to the latter’s company – N.A. Ibarra Construction – in the construction of the farm-to-market road project for the municipality.

Suero reportedly released the amount of P516,715.14 to Ibarra even though the project was deemed incomplete by the Commission on Audit (CoA), therefore “resulting to overpayment in the aforesaid amount, in violation of pertinent laws, government auditing and accounting rules and regulations.”

As for the malversation charge, Suero and Ibarra were accused together with Jose Suboc, municipal engineer, and Florante Jara, municipal planning and development coordinator.

The four of them reportedly conspired in falsifying the Certificate of Work Accomplished, Certificate of Services Rendered, and Certificate of Project Completion in connection with the road project.

As a result, they disbursed a total of P926,650.66 and made it appear as if the project was 100 percent completed even though it wasn’t.