Sandigan: No comment on bid to clip powers
The Sandiganbayan has declined a request to comment on a House bill seeking to prevent the antigraft court from suspending incumbent government officials facing graft cases in connection with their previous offices.
Presiding Justice Amparo Cabotaje-Tang revealed that the House of Representatives had written the court to get its position on House Bill No. 3605, filed by Speaker Pantaleon Alvarez.
“We asked them that we be excused from submitting any comment because, at the end of the day, we are the ones interpreting everything about the law,” Tang told reporters. “Since Congress has the plenary power to enact laws, it can do that,” she noted.
No suspensions
Congress can amend or delete Section 13 of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, Tang said, “so there would completely be no more preventive suspensions.”
“I believe, given the Supreme Court decisions on the matter, the Supreme Court has been very consistent on this that preventive suspension is mandatory,” Tang said. “I don’t believe even a house of Congress has the discretion not the implement the suspension order.”
Although the Sandiganbayan can put its foot down on the enforcement of its suspension orders, she said the antigraft court is “hesitant to do that” out of courtesy to a coequal branch of government. “It simply expects that both Houses of Congress would implement the directive of the court for the preventive suspension of the public officer concerned,” she said.
Resistance
Under the existing law, Sen. Joseph Victor Ejercito, Camarines Sur Second District Rep. Luis Raymund Villafuerte Jr. and Pangasinan Fifth District Rep. Amado Espino Jr. were suspended for offenses allegedly committed when they were mayor of San Juan City in 2008, governor of Camarines Sur in 2010 and governor of Pangasinan in 2011, respectively.
Despite some resistance by House and Senate leaders, the three eventually served their 90-day suspension. Ejercito’s suspension was lifted halfway through on Thursday, after the Sandiganbayan dismissed his graft case for lack of evidence.
At least 56 representatives crossed party lines in a bid to clip the court’s power and allow only the suspension of incumbent officials facing cases related to their current office.
Tampering of records
HB 3605 was filed by Alvarez, Majority Floor Leader Rodolfo Fariñas, Minority Floor Leader Danilo Suarez and minority member Kabayan Party-list Rep. Harry Roque. Notably, the suspended Villafuerte and staunch Duterte critic Albay First District Rep. Edcel Lagman are among the 52 coauthors.
The bill noted that preventive suspension is imposed to prevent an accused from influencing potential witnesses or tampering with records. But since the accused no longer serves the office where he allegedly committed the offense, the bill argues that “the change in circumstances of the public officer effectively removes this threat.”
The suspension of Villafuerte and Espino by the Sandiganbayan in September prompted Alvarez to file the bill, insisting that the House has the sole disciplinary authority over its members.
