Sandiganbayan suspends Tarlac Rep. Noel Rivera amid graft case

MANILA, Philippines — The Sandiganbayan Sixth Division has suspended Tarlac Rep. Noel Rivera from holding public office for 90 days amid his pending graft case over his alleged ties to a construction company that entered into contracts with the Department of Public Works and Highways (DPWH).

In a resolution dated Sept. 29, the court said it issued the order because the requisites for suspension provided under Section 13 of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, have been met.

According to the provision, public officials facing 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” shall be suspended from office.

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READ: Tarlac Rep. Noel Rivera faces 9 counts of graft in Sandiganbayan

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“[A]s long as the requisites for suspension under the said provision are met, the Court has the duty to order the suspension of the accused,” the court said in the resolution.

“The Court has neither the discretion nor the duty to determine whether suspension is necessary to prevent the accused from intimidating witnesses, tampering with evidence, or committing further acts of malfeasance,” it added.

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If Rivera is eventually acquitted, he “shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him,” according to RA 3019.

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Based on the resolution, Rivera is currently charged with two counts of violation of Section 3(h) of RA 3019.

The section states that public officials are prohibited from “directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.” /mcm