Jinggoy suspended for 90 days

MANILA, Philippines - The Sandiganbayan yesterday suspended Sen. Jinggoy Estrada for 90 days pending litigation of his P172-million plunder case in connection with the pork barrel scam.

“(Estrada) is hereby suspended from his position as senator of the Republic of the Philippines, and from any other public office which he may now or hereafter be holding for a period of 90 days from receipt of this resolution, unless a motion for reconsideration is reasonably filed,” read the eight-page suspension order.

Associate Justices Roland Jurado, Alexander Gesmundo and Ma. Theresa Dolores Gomez-Estoesta signed the ruling that seeks to prevent the senator from trying to influence the case or intimidate possible witnesses.

The anti-graft court’s Fifth Division granted the motion filed by ombudsman prosecutors, citing provision of Republic Act 7080 or the Plunder Law, which states that suspension of a public official accused of plunder is mandatory.

Section 5 of RA 7080 provides that “any public officer against whom any criminal prosecution under a valid information under this act shall be suspended from office…”

The Sandiganbayan dismissed Estrada’s argument that his suspension would paralyze his constituents.

“There will still remain 21 other senators of the Republic of the Philippines who can meet as such. The Senate President will surely know how to deal with the problem of filling up the temporary vacancies in accordance with the provisions of the Rules of the Senate,” the anti-graft court said.

“The fear of the accused that his constituents would be paralyzed when he is preventively suspended is remote,” it added.

In an earlier interview before he was detained at the Philippine National Police Custodial Center, Estrada said he expected the Sandiganbayan to suspend him along with his colleagues, Senators Juan Ponce Enrile and Ramon Revilla Jr. who are also facing plunder charges.

Sought for comment on Estrada’s suspension, his father Manila Mayor Joseph Estrada said: “We can’t do anything. He just has to stay strong. If he did not do anything wrong then there’s nothing to be afraid of.”

Senate to implement suspension order

Senate President Franklin Drilon was tasked to implement the Sandiganbayan’s order suspending Estrada for 90 days.

Drilon was ordered to submit a report to the anti-graft court within five days after receiving a copy of the directive.

“The Senate will abide by the process in accordance with the Constitution and the laws,” he said.

“We will fully abide by the suspension order issued by the Sandiganbayan and we will implement it,” he added.

Drilon explained that a senator, who has been preventively suspended, cannot in any manner perform the functions of his office within the duration of the suspension order.

“As such, the senator is barred from attending sessions, filing bills, holding committee hearings and signing committee reports,” he said.

He said the anti-graft court’s ruling will not affect the functions of the Senate committee on labor, which Estrada chairs.

The Senate panel’s vice chairman will take over Estrada’s post and attend to pending bills in the committee.

“We have a mandate to fulfill. We have proven that the Senate could not be hampered by any controversy,” Drilon said.

Sandigan’s authority

The Sandiganbayan order preventively suspending Estrada has to be enforced since the anti-graft court has the authority to suspend lawmakers facing charges before it, a senior congressman said yesterday.

Rep. Elpidio Barzaga Jr. of Dasmariñas City in Cavite, who is a lawyer, said the Supreme Court (SC) has upheld in two cases the Sandiganbayan’s authority to preventively suspend a member of the Senate or the House of Representatives.

“The Sandiganbayan’s order to suspend Sen. Estrada is solidly backed by jurisprudence, which explicitly delineates such power and underscores its distinction from Congress’ constitutional authority to discipline its members either through suspension, expulsion or a simple reprimand,” he said. – With Christina Mendez, Jess Diaz, Evelyn Macairan