Break muna! Sandiganbayan suspends Bulacan councilor for 90 days over usurpation of function case
San Jose del Monte City, Bulacan Councilor Nolly Concepcion has been suspended for 90 days due to the usurpation of official function case he is facing before the Sandiganbayan 7th Division.
The anti-graft court explained the Anti-Graft and Corrupt Practices Act makes it mandatory to suspend any incumbent public officer or employee against whom any criminal prosecution under a valid information under the 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, whether as a simple or as a complex offense, and in whatever stage of execution and mode of participation, is pending in court.
With this, it pointed out it “possesses no discretion to determine whether a preventive suspension is necessary to forestall the possibility that the accused may use his office to intimidate witnesses, or frustrate his prosecution, or continue committing malfeasance.”
“The presumption is that unless the accused is suspended, he may frustrate the prosecution of the case, commit further acts of malfeasance, or do both,” it ruled.
The Office of the Ombudsman filed the case against Concepcion for unlawfully discharging the functions of vice-mayor from September 2009 to October 2009 despite orders from the Department of the Interior and Local Government (DILG) which directing him to relinquish the position of vice-mayor and revert back to his original position as city councilor.
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