Sandigan affirms Cuerpo suspension

By FRANCIS T. WAKEFIELD
August 18, 2009, 5:28pm

The Sandiganbayan junked again a second motion for reconsideration filed by Rodriguez, Rizal Mayor Pedro Cuerpo and affirmed an earlier order for the latter’s suspension along with several other officials of the said town.

In a resolution penned by Justice Teresita Diaz-Baldos, the anti-graft court’s Second Division said it “stands firmly by its previous resolutions and resolves that the instant pleading (of Cuerpo) bears no merit.” The first suspension order was issued in October 3 last year.

According to the court, Cuerpo’s second motion “is merely a reiteration of previous arguments already laid to rest.”

The anti-graft court also warned that Cuerpo’s move “only signifies an obvious desire to delay the implementation of the suspension order.”

The Sandiganbayan earlier suspended Cuerpo following a motion by the Office of the Ombudsman arising from complaints filed by several residents of Rodriguez against him for alleged grave abuse of authority and grave misconduct in connection with the demolition of their houses in 2002.

Suspended by the court together with Cuerpo are municipal engineer Fernando Roño and barangay chairman Salvador Simbulan of Barangay Burgos.

According to the Ombudsman, “Mayor Cuerpo et. al. took advantage of their official positions, conspired, acted in bad faith, and manifested partiality in the unlawful demolition of shelters of the complainants.”

The complainants Leticia Nanay, Nancy Barsubia, Gemma Bernal, Ma. Victoria Ramirez, Crisanta Oxina and Adelaida Ebio said Cuerpo and the other accused “deprived them of the lawful use of their land and without due process of law and without any legal basis or court order caused the forcible demolition of their shelters.”

In March 17 this year, the Sandiganbayan junked the first motion for reconsideration by Cuerpo.

The Sandiganbayan said the “suspension order is immediately executory.”