former Commissioner on Human Rights and former Assistant Ombudsman, is a practicing lawyer and a member of Philconsa.

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Supreme Court Decision in 'People of the Philippines - versus- Lucio Lumayok' G.R. No. L-54016

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Sandiganbayan affirms 90-day preventive suspension of Bataan mayor

Date posted - 25/10/2019
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Published 

By Czarina Nicole Ong Ki

The Sandiganbayan Sixth Division has affirmed the 90-day preventive suspension of Limay, Bataan Mayor Nelson David after his motion for reconsideration was denied.

Sandiganbayan (MANILA BULLETIN)

Sandiganbayan (MANILA BULLETIN)

David has been slapped with violations of Section 3(e) and (g) of R.A. 3019, the Anti-Graft and Corrupt Practices Act. This was for the municipality’s overpriced purchase of agricultural land owned by Richie Jayson and Christian Ryan David, both his sons, who were also part of the Municipal Appraisal Committee.

On July 25, the anti-graft court ordered the preventive suspension of David in light of his pending graft charges. The order was in accordance with Section 13 of R.A. 3019, which states that “any incumbent public officer against whom any criminal prosecution under a valid information under this act…shall be suspended from office.”

David filed a motion for reconsideration on August 20 and argued that his suspension order is “whimsical, capricious and unnecessary because it defeats the intention of R.A. 3019.”

Since the prosecution had already rested its case, David said there are no more witnesses to be influenced, pressured, or intimidated, as well as any documentary evidence to be tampered with.

However, in its resolution dated October 1, the anti-graft court said that it found nothing new in his arguments that would make it grant the MR. “The grounds relied upon by accused David are a mere rehash or reiteration of the grounds and arguments raised earlier and already passed upon and resolved by the Court in its resolution,” it stated.

The anti-graft court likewise stressed that the suspension pendente lite is not a penalty. Should he be acquitted of his charges, the law provides his reinstatement and he will be paid the salaries and benefits which he failed to receive during suspension.

The three-page resolution was penned by Associate Justice Karl Miranda with the concurrence of Chairperson Sarah Jane Fernandez and Associate Justice Kevin Narce Vivero.

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