Senate President Franklin Drilon: Preventive suspension not a penalty. INQUIRER FILE PHOTO
MANILA, Philippines–Since the preventive suspension of senators facing plunder or graft charges is not considered a penalty, the Senate has to comply with the Sandiganbayan anti-graft court’s directive to implement the 90-day suspension of its members once the ruling becomes final, two senators said on Wednesday.
The Senate has already received a copy of the court order preventively suspending Sen. Jinggoy Estrada in connection with the criminal charges against him stemming from the alleged plunder of his pork barrel funds.
But the order will only be implemented once it has become final since Estrada can still submit a motion for reconsideration, said Senate President Franklin Drilon.
Drilon also said that while it is only the Senate that can impose the penalty of suspension on its members, the 90-day preventive suspension under the Anti-Graft Law is a different matter.
He said the Supreme Court has already made a distinction between the Senate’s power to punish its members and preventive suspension.
“By its very nature, its [preventive suspension’s] purpose is to prevent the respondent from using his office to influence the investigation. There is no penalty in that,” he said.
Sen. Francis Escudero said senators do not even have to vote on whether the chamber should implement the Sandiganbayan preventive suspension order.