The Sandiganbayan has granted the prosecution’s move to suspend for 90 days Oriental Mindoro Board Member Apollo Feraren, pending his trial for violation of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019).
In a seven-page Resolution, the anti-graft court set aside Feraren’s contention that “he no longer holds the office he used to occupy when the alleged malfeasance was purportedly committed.” The Court ruled that “[s]uspension pendente lite applies to the office the public official is currently holding although it may be different from the prior office under which he allegedly committed the offense charged in the Information.”
Feraren is facing trial on the basis of the Information filed by the Ombudsman wherein it was established that Feraren as former mayor of San Teodoro, Oriental Mindoro allowed Supergreen, Inc., a private company, to use the municipality’s heavy equipment, giving the latter unwarranted benefits, advantage and preference.
“Section 13 makes suspension of any incumbent public officer mandatory pending his criminal prosecution under a valid information under Republic Act No. 3019 x x x for any offense involving fraud upon government or public funds or property whether as a simple or as a complex offense in whatever stage or execution and mode or participation,” the anti-graft court reiterated.###