Puentevella seeks reconsideration from Sandiganbayan-A A +A
Saturday, April 12, 2014
THE legal team of Bacolod City Mayor Monico Puentevella filed a motion for reconsideration before the Sandiganbayan Fourth Division seeking the reversal of its ruling on their petition for judicial declaration of probable cause, City Administrator Rolando Villamor said Friday.
Villamor, spokesperson of Puentevella, said they reiterated their position that the criminal case filed against Puentevella does not have probable cause.
There were salient points that they raised before the Fourth Division that will most likely be given credence and will lead to the reversal of the previous ruling, he said.
Puentevella is facing a criminal case for violation of the Anti-Graft and Corrupt Practices Act for alleged overpricing in the purchase of Information Technology (IT) packages for public schools during his term as congressman.
Lawyer Ralph Sarmiento said they have taken a totally different position from their original motion for reconsideration.
He said they have focused their argument on the very basis of the Sandiganbayan of their denial of the motion which is the alleged non-existence of a record on the recommendation and approval of the Bids and Awards Committee (BAC) for the awarding the project to Merryland Publishing Corporation.
Sarmiento said the mayor’s co-respondent, the late Victorino Tirol Jr., former regional director of Department of Education Region 6, along with his affidavit submitted records from the BAC that recommended and approved the awarding of the IT packages to the said supplier.
“Tirol submitted copies of the unanimous decision of the BAC as attachment to his affidavit contrary to the resolution issued by the Sandiganbayan that there was no record coming from the BAC,” he added.
Sarmiento said they are seeking the review of the documents submitted by the respondents with their affidavits to prove their reiteration that the complaint filed against them is without probable cause.
The lawyer also said they added a prayer in their motion for reconsideration that the scheduled arraignment for the mayor on April 30 be held in abeyance pending the resolution of their latest petition before the Sandiganbayan.
Published in the Sun.Star Bacolod newspaper on April 12, 2014.