MANILA, Philippines – The lawyer of Senator Juan Ponce Enrile told the Sandiganbayan Third Division on Tuesday that only the Senate can suspend the lawmaker from public office.
Atty. Estelito Mendoza Photo by Noy Morcoso/INQUIRER.net
Enrile has been charged with plunder over the pork barrel scam.
Atty. Estelito Mendoza made the statement as government prosecutors filed a motion for the court to suspend Enrile, citing a provision under Republic Act 7080 or the Plunder law that says public officials charged with plunder may be faced with suspension from office and loss of benefits.
The prosecution also said Enrile should be suspended from office to prevent him from intimidating witnesses and tampering with evidence through his position in government.
During the hearing, the veteran lawyer told the court that under the Constitution, only Congress can discipline its own members.
According to the Constitution, a lawmaker may be suspended via two-thirds vote of the chamber of Congress.
“It is our submission that Enrile can only be suspended from performance of those functions under the provision of the Constitution than under the provision of any other law,” Mendoza said in an interview after the hearing.
“Otherwise, that will be an infringement of any legislative prerogatives established under the Constitution,” he added.
Mendoza also said applying the plunder law against the constitutional provisions would make the application unconstitutional.
“The (plunder) law as applied to a senator will be an unconstitutional application of the law,” he said.
Mendoza also said Enrile is in a hospital and therefore not in a position to influence witnesses or tamper evidence.
Enrile’s lawyer essentially reiterated the content of their opposition in the motion to suspend the 90-year-old senator. Their opposition said the provision of the plunder law used against Enrile “trample upon the independence of the legislator.”
“The acts for which Enrile is charges are relative to his office as Senator… The Congress is, therefore, in a better position to exercise its disciplinary authority (if at all necessary) over Enrile,” their opposition read.
However, government prosecutors led by Jennifer Agustin Se said the plunder law should apply in Enrile’s case because he faces the non-bailable offense.
Se also said Enrile could still use his staff members to intimidate the witnesses or tamper evidence.
After hearing both defense and prosecution, the court submitted the motions over Enrile’s suspension for resolution.
So far, only Senator Jose “Jinggoy” Estrada was suspended from public office for 90 days by the Sandiganbayan fifth division. Both Senators Ramon Revilla Jr. and Enrile’s suspension, however, remain pending.
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