Sandiganbayan orders 90-day suspension of Davao del Sur vice gov

The Sandiganbayan has ordered the 90-day suspension of Vice Governor Marc Douglas Cagas IV of Davao del Sur in connection with the graft and malversation charges filed against him for the alleged pork barrel scam.

Cagas has been charged for alleged transfer of P7.55 million of his Priority Development Assistance Fund (PDAF) to entities owned by alleged pork barrel scam mastermind Janet Napoles. 

In a 10-page Resolution dated December 3, the anti-graft court noted that Cagas’ 90-day suspension is in accordance to the Anti-Graft and Corrupt Practices Act which states that “any incumbent public officer against whom any criminal prosecution under a valid information under this Act or under Title 7, Book II of the Revised Penal Code or for any offense involving fraud upon government or public  funds or property whether as a simple or as a complex offense and in whatever stage of execution and mode of participation, is pending in court, shall be suspended from office.” 

The said provision, Sandiganbayan said, was also upheld by the Supreme Court in its Socrates vs. Sandiganbayan ruling. 

“In this case, there is absolutely no question to the validity of the subject Information as, in fact, trial in the case had already begun. Verily, once the Information is found to be sufficient in form and substance, the court must issue the order of suspension as a matter of course,” the Sandiganbayan said. 

“There are no ifs or buts about it,” the anti-graft court added.

Cagas contended that he should not be suspended since he cannot influence the probe.

He argued that the questioned transactions were not signed by him but by concerned officers/personnel of the Department of Budget and Management, Technology Resource Center, National Agribusiness Corporation and the representatives of the subject non-government organizations, namely Progress and Development Foundation Inc. and Social Development Program for Farmers Foundation Inc. 

Likewise, Cagas claimed that the documents being referred to may no longer be tampered considering that they were already pre-marked and made part of court records. 

The anti-graft court, however, was having none of it by saying that the public interest at stake outweighs that of Cagas. 

“If acquitted, the official concerned shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension. Taking into consideration the public policy involved in preventively suspending a public officer charged under a valid information, the protection of public interest will definitely prevail over the private interest of the accused,” the Sandiganbayan said. 

“The court has no discretion, for instance, to hold in abeyance the suspension of the accused official on the pretext that the order denying the latter’s motion to quash is pending review before the appellate courts,” it added. 

In addition, the anti-graft court cited Cagas was given the opportunity to explain why he should not be placed under preventive suspension. 

“Wherefore, the Court hereby orders the suspension pendente lite of accused Marc Douglas Chan Cagas IV as Vice-Governor of Davao Del Sur and from any other public positions he may now or hereafter hold for a period of 90 days immediately from receipt of this resolution,” the anti-graft court said.

“Let a copy of this Resolution be furnished to the Secretary of the Department of Interior and Local Government (DILG) for the implementation of this order of suspension. The Secretary of DILG is requested to inform the Court of the action taken thereon within five days from the implementation of the suspension,” it added.

Cagas’ suspension will be automatically lifted upon the expiration of the 90-day period from the implementation of the Resolution. 

The P10-B pork barrel scam was discovered in 2013. The scheme allegedly masterminded by businesswoman Napoles involves the supposed transfer of PDAF or “pork barrel” of lawmakers to various questionable non-government organizations. —KG, GMA News