Herbert Bautista pleads not guilty to graft charge

FORMER Quezon City mayor Herbert Bautista pleaded not guilty to the graft charge he is facing before the Sandiganbayan’s Third Division for allegedly causing undue injury to the government in the amount of P25.3 million, “in conspiracy with” former city administrator Aldrin Cuña.

Bautista was arraigned on Monday. Cuña was arraigned earlier this month and pleaded not guilty as well.

The Office of the Ombudsman alleged in the charge sheet that on June 27, 2019, or sometime before or after June 27, 2019, Bautista and Cuña, “in conspiracy with one another,” caused undue injury to the government in the said amount and “confer[red] unwarranted benefits and advantage on Cygnet Energy and Power Asia, Inc. (Cygnet) by facilitating and approving the release of public funds [...] as full payment for the implementation of” a project (Supply and Installation of Solar Power System and Waterproofing Works for Civic Center Building F).

Also, the Ombudsman alleged that Cuña issued an undated certificate of acceptance and that Bautista signed Box C of a disbursement voucher (DV) dated June 27, 2019.

The anti-graft body said that Cygnet “was not entitled to the amount because it failed to apply for and secure a Net Metering System from Meralco.”

In a June 7, 2023 resolution, the court denied Bautista’s motion to quash the charge.

In his motion, Bautista stated — among others — that “although he allegedly signed the subject DV and approved the payment of P25,342,359.25 to Cygnet, this does not automatically imply that he already acted with clear, notorious, or plain inclination or predilection to favor Cygnet over other entities.”

In ruling on Bautista’s motion to quash, the court said that the test was whether the crime was sufficiently described “as to appraise the accused, with reasonable certainty, of the offense charged.” The court found the charge sheet sufficient.

On July 25, 2023, the court also denied Cuña’s motion to quash.