Former Quezon City Mayor Herbert Bautista will file a motion for reconsideration before the Sandiganbayan Seventh Division that found him and his then-city administrator guilty of graft over the 2019 procurement of an Online Occupational Permitting and Tracking System (OOPTS).
According to a statement sent by Bautista’s lawyers, the justices of the Seventh Division voted 2-1, “meaning there exists a cloud of doubt even among the Justices who deliberated on the evidence presented in this case.”
“In this regard, we express our gratitude to the Honorable Justice who dissented and appreciated the facts of this case in a rational and objective perspective. The fight goes on,” the statement said.
“We will definitely prepare and file a motion for reconsideration of this decision. We hope that the Honorable Sandiganbayan Justices would take a second hard look at all the pieces of evidence that we presented during the trial that shows our client’s innocence of the malicious charge levied against him,” it added.
In a decision promulgated on Monday, January 20, the anti-graft court sentenced both Bautista and Aldrin Cuña to a six to 10 years each.
Likewise, both have been perpetually disqualified to hold public office as a result of their graft conviction.
The Sandiganbayan said that the OOPTS project lacked critical functionalities, “the most egregious of which was the inability to access the same by the public through the internet, despite the fact that the system itself was supposed to be an online occupational permitting system.”
“We are deeply saddened by the verdict of the Seventh Division of the Sandiganbayan against our client… We strongly believe that our client is innocent of the malicious charge against him,” the statement said.
“He did not commit any act which constitutes the offense charged,” it added.
The statement said it was established during the trial that the project itself was duly delivered to and received by the Quezon City government, “and therefore, the payment to the supplier was valid.”
“More importantly, it was the administration who succeeded him in office who rendered payment to the supplier. It must be emphasized that he never personally and financially gained anything from this Project,” the statement said.
“Not a single centavo went to our client’s pocket. Most importantly, there was no harm or injury suffered by anyone, let alone the Quezon City government and its people since they were ultimately able to use this project,” it added.
Sandiganbayan Associate Justice Theresa Dolores Estoesta, who penned the decision, said during the promulgation that Bautista and Cuña will be under provisional liberty given the previous cash bond they posted with the anti-graft court. –NB, GMA Integrated News
