Court convicts ex-QC mayor Herbert Bautista of graft
(UPDATE) THE Sandiganbayan Special Seventh Division convicted former Quezon City mayor Herbert Bautista and former city administrator Aldrin Cuña of graft in connection with the Online Occupational Permitting and Tracking System (OOPTS) project. In the decision promulgated on Monday, the court found them guilty beyond reasonable doubt of violation of Section 3(e) of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act. "In this case, all of the elements of Violation of Section 3 (e) of R.A. 3019 obtained for accused Bautista and Cuña in relation to their facilitation of full payment to Geodata [Solutions, Inc.] for the Project, despite the fact that complete delivery was yet to be made", the court said. "The prosecution need not necessarily prove the fact of payment ... although evidence is clear at this instance that Geodata issued an official receipt acknowledging receipt of payment in the amount of PHP 32,107,912.00 on July 1, 2019," the court said. The court sentenced Bautista and Cuña to six years and a month up to 10 years in prison. It also sentenced them to suffer perpetual disqualification from holding public office. The conviction is appealable. The court said that Bautista and Cuña would be under provisional liberty. No civil liability was adjudged. The court said that the P32,107,912.50 "cannot be directed to be paid by either accused, the same having been received in full by a private party which is not a party to this case." It also said that prosecution evidence did not show that Bautista or Cuña had pecuniarily gained from the payment. "Restitution of the amount paid to Geodata, therefore, cannot be directed to be made by the accused," the court said. Section 3(e) of the anti-graft law prohibits a public officer from causing undue injury to any party, including the government, or giving any private party unwarranted benefits, advantage or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. "The impropriety of the approval of payment and the release of the check to Geodata clearly constituted an unwarranted benefit, advantage, or preference in its favor," the court said. "In this case, while there was a lack of proof showing actual damage to the government, the prosecution's evidence clearly showed that the accused unjustly favored Geodata by facilitating payment when delivery was not complete," the court said.
Tomas Kauer - Moderator 
(UPDATE) THE Sandiganbayan Special Seventh Division convicted former Quezon City mayor Herbert Bautista and former city administrator Aldrin Cuña of graft in connection with the Online Occupational Permitting and Tracking System (OOPTS) project.
In the decision promulgated on Monday, the court found them guilty beyond reasonable doubt of violation of Section 3(e) of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act.
"In this case, all of the elements of Violation of Section 3 (e) of R.A. 3019 obtained for accused Bautista and Cuña in relation to their facilitation of full payment to Geodata [Solutions, Inc.] for the Project, despite the fact that complete delivery was yet to be made", the court said.
"The prosecution need not necessarily prove the fact of payment ... although evidence is clear at this instance that Geodata issued an official receipt acknowledging receipt of payment in the amount of PHP 32,107,912.00 on July 1, 2019," the court said.
The court sentenced Bautista and Cuña to six years and a month up to 10 years in prison. It also sentenced them to suffer perpetual disqualification from holding public office.
The conviction is appealable.
The court said that Bautista and Cuña would be under provisional liberty.
No civil liability was adjudged.
The court said that the P32,107,912.50 "cannot be directed to be paid by either accused, the same having been received in full by a private party which is not a party to this case."
It also said that prosecution evidence did not show that Bautista or Cuña had pecuniarily gained from the payment.
"Restitution of the amount paid to Geodata, therefore, cannot be directed to be made by the accused," the court said.
Section 3(e) of the anti-graft law prohibits a public officer from causing undue injury to any party, including the government, or giving any private party unwarranted benefits, advantage or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.
"The impropriety of the approval of payment and the release of the check to Geodata clearly constituted an unwarranted benefit, advantage, or preference in its favor," the court said.
"In this case, while there was a lack of proof showing actual damage to the government, the prosecution's evidence clearly showed that the accused unjustly favored Geodata by facilitating payment when delivery was not complete," the court said.
