MANILA, Philippines — The Supreme Court has ordered the Sandiganbayan to comment on the petition filed by Senator Juan Ponce Enrile questioning the 90 day suspension order imposed against him.
High Court’s Information Chief Theodore Te said in a statement Tuesday that the anti-graft court has been given 10 days upon receipt of the resolution to comment.
Enrile, in his petition, also asked the high court to issue a status quo order or a temporary restraining order to cancel the already implemented suspension order.
Enrile said they recognize the disciplinary power of the Office of the Ombudsman but the law itself stated that its disciplinary power does not cover members of Congress, judiciary and those removable by impeachment.
The Supreme Court. INQUIRER FILE PHOTO
“Because members of Congress, judiciary and those to be impeached are excepted from the disciplinary authority of the Office of the Ombudsman, then the Office of the Ombudsman cannot initiate, or file a motion with the Sandiganbayan for the issuance of a preventive suspension—as such measure or liability may be enforced only by the body having the legal disciplinary authority over the public officer concerned,” Enrile’s petition stated.
“In the case of Enrile, the proper body with the legal disciplinary authority is the Senate,” the petition further stated.
He said “the constitutional grant of power to the legislature to discipline its own members is an affirmation of the objective of creating equal but independent branches of the government.”
The Ombudsman was the one who filed plunder charges against Enrile and other officials allegedly involved in the multi-billion peso pork barrel scam before the Sandiganbayan and asked for his suspension.
The charges were based on a fact-finding investigation conducted by the National Bureau of Investigation and the Ombudsman backed by voluminous documentary evidence.
Enrile is currently under hospital arrest.
RELATED STORIES
Sandiganbayan taking more time on Enrile case
Sandiganbayan orders Enrile’s arrest