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Sandiganbayan places LLDA Administrator Acosta under 90-day preventive suspension
09 February 2012

          The Sandiganbayan meted Presidential Adviser on Environmental Protection J.R. Nereus Acosta with a 90-day preventive suspension for allegedly misusing government funds in 2000 and 2001.

            In a 10-page resolution, penned by Associate Justice Maria Cristina Cornejo, the anti-graft court’s Fourth Division gave weight to the motion of the Office of the Ombudsman’s prosecution team to preventively suspend Acosta for  alleged misuse of his Priority Development Assistance Fund or pork barrel while still a congressman of Bukidnon.

            “J.R. Nereus Acosta is hereby ordered preventively suspended from office and said accused is directed to cease and desist from further performing and/or exercising the functions, duties and privileges of the positions he is currently occupying, namely as Presidential Adviser on Environmental Protection and General Manager of the Laguna Lake Development Authority (LLDA), or any other government position he may now or hereafter be holding, effective upon notice hereof and continuing for a period of ninety (90) days,” the ruling said.

          The Ombudsman, invoking Sec. 13 of RA 3019 (Anti-Graft and Corrupt Practices Act) earlier filed motion to suspend Acosta  pendente lite to prevent him from frustrating or hampering his prosecution by intimidating or influencing witnesses or tampering with evidence or from committing further acts of malfeasance while in office.

            The said provision states:

            “Suspension and loss of benefits—Any incumbent public officer against whom any criminal prosecution under a valid Information under this Act (RA3019) 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 complex offense,           and in whatever stage of execution and mode of participation, is pending in court,         shall be suspended from office…”

            The case stemmed from a complaint filed by Bukidnon Crusade Against Graft and Corruption alleging that Acosta used his pork barrel to procure a P2.5-million solar tunnel dryer for the Municipal Government of Manolo Fortich, Bukidnon.

           Records of the case revealed that the supposed crime was committed while Acosta’s mother—Socorro—was still the municipal mayor of Manolo Fortich in 2001.

            The anti-corruption group based in the province alleged that another P2.5 million was also supposedly given to a private cooperative—the Bukidnon Integrated Network of Home Industries (Binhi) Inc.

            The complaint further disclosed that a private entity called Bukidnon Vegetable Producers Cooperative (BVPC) also received P5.5 million which was part of Acosta’s pork barrel.

        Acosta's aunt, Ma. Nemia Bornidor, who was a member of the board of Binhi and Socorro, who was a member and director of BVPC, were both indicted for graft for the same offense.

            In slapping suspension upon Acosta, the anti-graft court said that “any political motive allegedly behind the filing of the instant motion, uncorroborated as it is, is ineffective to negate the merits of the motion.”

             The anti-graft court directed Executive Sec. Paquito Ochoa and the Board of Directors of the LLDA to immediately implement the order.#

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