Ordered suspended, together with Talaga, are Councilors Godofredo Faller, Danilo Zaballero, Salome Dato, Simon Aldovino, Wilfredo Asilo and Aurora Garcia.
In a 14-page resolution, the anti-graft court held that the suspension of the accused is mandatory under Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, contrary to their claims.
The resolution was written by Justice Rodolfo Ponferrada and concurred in by Justices Gregory Ong and Jose Hernandez of the court’s fourth division.
Earlier, Mayor Talaga and the suspended councilors argued that there was no prima-facie basis for their indictment; no pre-suspension hearing was conducted to determine the validity of the information; the facts alleged do not constitute an offense; and the reason for preventive suspension does not apply to them because they are in no position to hamper the investigation or prosecution of the case.
In his opposition to the motion to suspend filed by the prosecution, Talaga also claimed that his suspension would be prejudicial to the people of Lucena City because they would be deprived of his services as the duly elected mayor.
In a separate opposition, the city councilors argued that their position is "legislative," hence they are not covered by the letter of the law which only enumerated public officers with official, administrative or judicial functions.
But the court overturned all the grounds raised by the defense, noting that most were mere rehash of arguments earlier submitted in their respective motions to quash which were denied.
"[The] Court had already passed upon the validity of the amended information filed against the herein accused and complied with the guidelines set forth by the Supreme Court in the conduct of presuspension hearing. Hence, it finds no legal obstacle, at this point, to issue corresponding preventive suspension order against the herein accused, incumbent public officials," the Sandiganbayan declared.
The case stemmed from the grant by the mayor and the city council of a local franchise to businessman Jose Sy Beng in 2000. The grant allowed Beng to operate bingo games under Ordinance No. 1963.
The prosecutors claimed that the operation of games of chance is the exclusive domain of the Philippine Amusement and Gaming Corp. under its franchise granted by Congress.
