House to study legal aspects of GMA suspension order

MANILA, Philippines - The House of Representatives will still have to study whether or not to implement the order of the Sandiganbayan to suspend former President and now Pampanga Rep. Gloria Macapagal-Arroyo in connection with the graft case filed against her over the botched $329-million national broadband network (NBN) deal.

Speaker Feliciano Belmonte Jr. said the suspension order had no “practical effect” since Arroyo has long been in detention at the Veterans Memorial Medical Center (VMMC) in Quezon City because of her medical condition after she was charged with alleged plunder of funds of the Philippine Charity Sweepstakes Office (PCSO).

“We will have to study the legal aspects and review the precedents on this matter,” Belmonte said, adding the suspension is practically enforced as she cannot attend sessions.

While the House leadership decides on its next move, Arroyo will continue to receive her salary even as her staff – who refused to be named – said the lawmaker’s district office continues to serve her constituents.

Assistant Majority Leader and Quezon City Rep. Jose Christopher Belmonte said that under the doctrine of separation of powers, only the House could suspend one of its members.

He also said the Rules of the House are silent on how to handle suspension orders against its members, especially when Congress is in recess. There is also no mention on how long the chamber should act on such matters.

He said the Speaker could formally inform the chamber of the Sandiganbayan order when Congress opens session on July 28.

According to Belmonte, Rule 23 of the House authorizes the Speaker to present the order to the floor and the lawmakers would decide whether the directive is consistent with the rights and privileges of a House member, and when the position of the chamber would be “judicially viable.”

When the Office of the Ombudsman sought Arroyo’s suspension in 2012, House Majority Leader and Mandaluyong City Rep. Neptali Gonzales II said the Constitution clearly states the independence of Congress and the processes in dealing with erring lawmakers.

He then said the House will not honor any suspension order and the Sandiganbayan knows that it is provided for in the Constitution that any member of the House could be suspended only for misconduct in office by a majority vote of all its members.

Malacañang welcomed yesterday the Sandiganbayan’s suspension order against Arroyo.

“The principle here is accountability and imposition of disciplinary action. That’s the basis for the issuance of such suspension order. That is why we recognize the court’s action regarding this and we also acknowledge those who have a different view,” Presidential Communications Operations Office Secretary Herminio Coloma Jr. said in a press briefing.

Coloma said it was within the power of the court to take such an action and “we respect their decision.”

Meanwhile, Akbayan party-list Rep. Walden Bello hit Arroyo’s lawyers for filing another bail petition before the Sandiganbayan’s First Division in connection with the alleged misuse of PCSO intelligence funds.

Bello said the move was obviously taking advantage of the public’s attention on the Supreme Court’s recent decision on the DAP (Disbursement Acceleration Program) “in order for Arroyo to sneak out of detention.”

“It’s almost coincidental that the petition for bail was filed the same day that the high court also declared certain parts of DAP as unconstitutional. But it isn’t. It was obviously timed on the day everyone’s attention was focused on the Supreme Court. Too bad for Arroyo, we were also keeping an eye on her as well on the SC,” Bello said.

He said Arroyo’s bail petition was simply rehashing the same arguments and was most probably going to get denied by the anti-graft court.

“This isn’t the first time they filed for bail. It certainly isn’t the first that will be denied. The fact is the case is airtight. Even their argument that her health is deteriorating because of her hospital detention is absurd. She’s detained in the very place her illness can be treated,” Bello said. – With Aurea Calica