Cavite Rep. Elpidio Barzaga Jr.: Heed Sandiganbayan order. PHOTO from www.congress.gov.ph
MANILA, Philippines–The House of Representatives should heed the Sandiganbayan order placing under preventive suspension former President and now Pampanga Rep. Gloria Macapagal-Arroyo for 90 days in connection with the NBN-ZTE overpricing and bribery scandal, a senior lawmaker said on Tuesday.
“As far as I can recall, we have to honor the suspension [order of the Sandiganbayan] as far as members of the House are concerned,” said Cavite Rep. Elpidio Barzaga Jr., an administration ally and officer of the National Unity Party.
Last week, Speaker Feliciano Belmonte Jr. said he wanted to study precedents with regard to suspension orders issued by the Sandiganbayan against sitting members of Congress, and whether this was actionable only by his office or relevant committees.
He also said he wanted to consult with other House leaders on actions to be taken.
The Sandiganbayan Fourth Division handed down the suspension on Arroyo on July 1, saying it was a matter of course for any incumbent public officer charged under the graft law.
“I think it’s mandatory, after all the former President is already under hospital arrest, and therefore … it would be physically impossible on her part to attend the deliberations in the House as well as in the committee hearings,” Barzaga told the weekly Ugnayan sa Batasan forum.
Barzaga, a lawyer and certified public accountant, said that as far as he knew, “there is already plenty of jurisprudence” on the question of whether a lawmaker could be placed under preventive suspension in relation to graft charges.
A scan of Inquirer archives did not turn up any results for any incumbent House member placed under preventive suspension by the Sandiganbayan for violations of the Anti-Graft and Practices Act, or Republic Act No. 3019.
However, there was at least one case involving a sitting senator.
In a decision dated April 18, 2001, the Supreme Court ruled that the antigraft court was right in imposing a 90-day preventive suspension on Sen. Miriam Defensor-Santiago in connection with graft charges filed against her when she was still immigration commissioner in 1988.