MANILA – The Sandiganbayan’s Seventh Division that is hearing Antique governor Rhodora Cadiao’s case for alleged violation of Section 3(e) of Republic Act (RA) No. 3019, or the Anti-Graft and Corrupt Practices Act has slapped her with a 90-day preventive suspension.
In a resolution dated Sept. 21, 2023 but was released publicly on Tuesday night, Sept. 26, the anti-graft court said the suspension order was a preventive measure as the trial is ongoing and will be lifted upon expiration of the 90-day period.
“A preventive suspension is necessary to forestall the possibility that the accused may use one’s office to intimidate witnesses, or frustrate the prosecution of the case, or continue committing malfeasance,” the Sandiganbayan resolution explained.
“The presumption is that unless the accused is suspended, he or she may frustrate the prosecution of the case, commit further acts of malfeasance, or do both,” added the resolution penned by Associate Justice Ma. Theresa Dolores Gomez-Estoesta, and chairperson of the Sandiganbayan’s Seventh Division.
The Sandiganbayan also ordered the Department of Interior and Local Government (DILG) to inform them on the start of the implementation and date of termination of Cadiao’s suspension.
“As to the duration of suspension, it is settled that the preventive suspension may not be of indefinite duration or for an unreasonable length of time; it would be constitutionally proscribed otherwise as it raises, at the very least, questions of denial of due process and equal protection of the laws,” the Sandiganbayan Seventh Division stressed.
It added: “The Supreme Court has thus laid down the rule that preventive suspension may not exceed the maximum period of ninety (90) days in consonance with Presidential Decree No. 807 otherwise known as the Civil Service Decree of the Philippines.”
The graft case against Cadiao stemmed from her 2016 order reassigning Provincial General Services Office head Antonio Dela Vega to their Culasi satellite office some 100 kilometers away from the provincial capitol in the capital town of San Jose.
Believing that his reassignment was tantamount to constructive dismissal, Dela Vega questioned its validity before the Civil Service Commission (CSC).
The CSC subsequently ordered Dela Vega’s reinstatement to the Provincial General Services Office in March 2017 and further ordered the provincial government that he be paid the representation and travel allowance (RATA) and other benefits due him covering the time he was reassigned to Culasi (from July 2016 to February 2018).
Dela Vega decided to file a complaint against Cadiao before the Office of the Ombudsman Visayas in 2018 when he failed to get the benefits due him as ordered by the CSC.
He complained that the governor did not sign his daily time record (DTR), which in turn also resulted to the failure of the Provincial Accountant and Provincial Treasurer to process the release of his benefits.
The Ombudsman found probable cause to indict Cadiao for one count violation of Section 3(e) of RA 3019 in a resolution dated Sept. 2, 2019 signed by Deputy Ombudsman for the Visayas Paul Elmer Clemente and approved by Ombudsman Samuel Martires on Oct. 22, 2021.
On June 7 this year, an arrest warrant against Cadiao was issued by Sandiganbayan’s Seventh Division but the incumbent Antique governor was able to post a P90,000 bail in Kidapawan City, Cotabato.
Cadiao blames political detractors
Meanwhile, even before the Sandiganbayan’s Seventh Division released publicly its preventive suspension order, Cadiao seemed to be aware of it during her speech at the capitol’s flag raising ceremony on Monday, Sept. 25.
“My political detractors have concentrated their efforts and even resorted to sub rosa maneuvers to see me suspended, to their delight,” said Cadiao.
She said her suspension will be a test of patience and resilience, drawing parallels to the story of Christ’s crucifixion and the lessons it imparts about enduring suffering with courage.
The governor is also confident that, with faith and perseverance, she will return to public service, vowing to serve her constituents both during and after her suspension period.
“Lately I received information that I will be suspended any time soon. I sure hope the information is not true, but if it comes to pass I know and you know that I have not wronged any of my political detractors,” Cadiao said.
She added: “Since I entered politics I have endeavored to the best of my ability to be a servant-leader to my beloved Antiqueños and to our beloved province. My commitment is that I forever will be a servant-leader even if I am suspended.”
“To my political detractors, I say to you: do not wash your dirty hands to show as if you are not guilty of political oppression and persecution. But this I say to you: do not do what you have done to me to other Antiqueños; otherwise you will unmask yourselves as strangers utterly lacking the heart for and of Antiqueños, which you really are,” she said.
Cadiao added: “With my suspension, I will be carrying heavy loads, but I have cast my burdens upon God and I know that He will give me rest. From the legal standpoint, my lawyers will make the yoke easy and light.”
“To be sure, during my suspension the governance of the province will be in good and able hands and I will continue to work with you in my non-official capacity to make Antique a better place to live in,” she further said.
Suspension order yet to be served
The DILG Region 6 has yet to receive the copy of the Sandiganbayan’s Seventh Division resolution from DILG secretary Benjamin Abalos Jr.
“We have not yet received authority and directive from our central office regarding the suspension order of Gov. Cadiao,” DILG-6 legal officer Atty. Junine Wednesday Java told Panay News yesterday.
Based on the six-page order of Gomez-Estoesta, the Sandiganbayan was ordered to furnish the DILG secretary a copy of the resolution for the implementation of the order of preventive suspension on the accused./PN
