The Sandiganbayan Third Division on Monday announced that National Defense College of the Philippines executive vice president Aldrin Cuña has been placed under 90-day preventive suspension in connection with his two graft cases pending before the anti-graft court.

In a statement, the Sandigan Third Division issued the suspension order against the former Quezon City administrator after he failed to counter the same pursuant to Section 13 of the Anti-Graft and Corrupt Practices Act (RA 3019) and Section 4, Rule VIII of the 2018 Revised Internal Rules of the Sandiganbayan.

“Despite receipt of the resolution requiring him to explain why he should not be preventively suspended, accused Cuña did not file his explanation at all. Thus, accused Cuña is deemed to have waived his right to file his explanation,” the Sandiganbayan said.

Section 13 of RA 3019 mandates that Sandiganbayan can suspend any public official against whom valid information charges a violation of that law, Book 11, Title 7 of the Revised Penal Code, or any offense involving fraud upon government or public funds or property is filed.

“Verily, once the Information is found to be sufficient in form and substance, the court must issue the order of suspension as a matter of course. There are no ifs or buts about it,” said the Sandiganbayan.

According to the court, a preventive suspension is not a penalty and is not imposed as part of judicial proceedings.

If acquitted, the official concerned is entitled to reinstatement and the salaries and benefits he failed to receive during suspension.

To recall, Cuña was named co-accused of former Quezon City Mayor Herbert Bautista in a graft case involving P32,107,912.

Court records showed that Bautista and Cuña awarded a contract to Geodata Solutions Inc. for the procurement of an online occupational permitting and tracking system to the tune of P32,107,912 despite the absence of a specific appropriation ordinance enacted by the Sangguniang Panglungsod, which holds the purse.

Investigation revealed that the multi-million project was not completely delivered at the time of the payment in June 2019.

Bautista, however, pleaded not guilty to the graft charges in May last year.

Bautista and Cuña also face another graft case before the Sandiganbayan over the irregularities in the payment of P25.342 million to Cygnet Energy Power Asia Inc. for the installation of a solar power system, and waterproofing works at one of Quezon City’s buildings in 2019.

The prosecution said Bautista and Cuña released the payment notwithstanding the company’s failure to apply and obtain a net metering system from Manila Electric Co., a requirement for the project.

It added that the payment was made after Cuña provided an undated certificate of acceptance, while Bautista approved the payout on 27 June 2019, three days before his three terms as mayor ended, according to the Ombudsman.