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The Sandiganbayan will proceed with the pre-suspension hearing of the graft allegations on Antique Governor Rhodora Cadiao scheduled on 19 September.
In a 4-page resolution by the anti-graft court's Seventh Division that also thumbed down Cadiao's plea not to be suspended, the Sandiganbayan said that the alleged execution of an affidavit of desistance and disbursement vouchers by the plaintiff necessarily call for the preventive suspension of the accused to be determined first.
"In consideration thereof, the court deems it appropriate that a continuation of the pre-suspension hearing is deemed necessary," it said.
The governor had argued that there is no more need for suspension to be imposed given that the private complainant, Antonio dela Vega, is already desisting from further pursuing the case.
Cadiao claimed that Dela Vega informed her that he would be executing an affidavit of desistance.
Filed by the Ombudsman on 30 May, the case arose from the alleged illegal reassignment in 2016 of Dela Vega, the provincial general services office chief, and her refusal to pay his salaries and benefits.
The total unpaid salary and benefits of P1.665 million cover 19 months from July 2016 to February 2018.
According to Dela Vega, Cadiao refused to sanction the payment of his salaries, representation and travel allowances, notwithstanding that he was reinstated to his post after the said transfer.