MANILA, Philippines — Once the cases are filed in court, the three senators implicated in the pork barrel scam will face automatic suspension and may even be arrested in the Senate.
Senator Francis Escudero said this on Thursday, explaining that other lawmakers in the upper chamber will not need to vote on the arrest and suspension of Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Revilla Jr. once the complaints are filed in the Sandiganbayan.
Escudero added that the law does not prohibit the arrest to take place while the Senate is in session.
"Sa ilalim ng batas, hindi lamang pwedeng arestuhin ang isang mambabatas for crimes the penalty of which is below six years. Kung above six years like in this case, maski na may sesyon ang Kongreso, pwedeng arestuhin ang mambabatas," Escudero said.
But the senator sees no need for policemen to barge into the session hall and make a scene while arresting the senators. He said that his colleagues should still be given courtesy since they are officials elected by the people.
"Pwede naman palaging umistambay sila sa mga pinto at hintaying matapos ang sesyon o ipagbigay-alam sa Senate President na may ganitong uri ng mga warrant na ise-serve para maging maayos yung pagserve at hindi na magkatulakan pa," he added.
According to Escudero, if the cases will proceed in court, the sheriff of the Sandiganbayan will be accompanied by the police to serve the arrest warrant and give it to the Senate sergeant-at-arms, who will then inform the Senate President.
Escudero said the possible arrest of the three senators will not affect the work of the Senate.
"Quorum is dictated upon by the number of the senators or within the jurisdiction of the sergeant-at-arms," he said. "Ibig sabihin nun, 'yung mga senators na nasa abroad, 'yung mga senador na by legal order na hindi makaka-attend, halimbawa nakakulong, hindi sila kasama sa pagbibilang ng quorum."
Last month, the Ombudsman found probable cause for plunder charges against Enrile, Estrada and Revilla for allegedly amassing kickbacks from the pork barrel funds diverted to bogus foundations of Janet Lim-Napoles.
Senator Miriam Defensor-Santiago believes that the Office of the Ombudsman will just deny the motions for reconsideration filed by the senators, saying they did not present any new evidence or new argument.
"Therefore, like most courts do with pro forma motions for reconsideration, the Ombudsman should consider them as sham, dilatory, and frivolous," Santiago said in a speech at the Baliwag Polytechnic College in Bulacan.
Santiago said after the Ombudsman denies the motions, the complaints will be then filed in court, triggering the issuance of arrest warrants against the senators.
Though plunder is nonbailable, Santiago said the accused will be allowed to file motions for bail to determine whether the evidence of guilt is weak or strong.
And if the evidence is strong, the accused will be denied bail and will have to stay in jail.
Santiago is now urging the Sandiganbayan to hear the senators' motions for bail in a summary procedure.
"[S]o that if evidence of guilt is strong, the accused shall be held in detention as soon as possible to prevent them from going [absent without leave] or engaging in terrorist tactics to distract the public," Santiago said.
Malacañang has presented a roadmap illustrating the next scenarios involving the pork barrel scam cases.
Read: What's next for 'pork' senators? Palace shows roadmap