ESPINO
MANILA — The Sandiganbayan Sixth Division has denied the appeal of Pangasinan 5th District Rep. Amado Espino, Jr., on his suspension pending his graft trial in connection with black sand mining operations in Lingayen Gulf.
The anti-graft court deemed Espino’s 90-day suspension pendente lite to be “immediately executory, unless otherwise ordered by the Supreme Court.”
In a resolution dated Nov. 29 and released to media on Monday, the anti-graft court directed House Speaker Pantaleon Alvarez to inform the court of the actual date of implementation of the suspension order, for the purpose of counting the 90 days.
The court rejected Espino’s argument that his constituents would be deprived of their representation in Congress.
It stressed its duty to implement the Anti-Graft and Corrupt Practices Act’s provision that has made it mandatory to suspend public officials facing valid graft charges.
Affirming the validity of the charges, the court cited the fact that Espino already went through arraignment.
It added that his claim that the case was “politically motivated” and meant to “harass and persecute” him would be a line of defense that should be weighed during trial.
The court also reminded Espino that preventive suspensions would not be a penalty.
“In fact, if acquitted, the official concerned is entitled to reinstatement and to salaries and benefits which he failed to receive during suspension,” the resolution noted.
Espino’s case for violation of Section 3(e) of the anti-graft law arose from his alleged collusion with two other provincial officials to give “unwarranted benefits, privilege and advantage” to Alexandra Mining and Xypher Builders by issuing them extraction permits when he was governor in 2011.
Prosecutors accused Espino of authorizing the black sand mining activities even though the two firms lacked registration with the Philippine Contractors Accreditation Board, as well as area clearance from the Mines and Geosciences Bureau of the Department of Environment and Natural Resources.
Espino recently made national news after President Rodrigo Duterte accused him of involvement in the illegal drugs trade. On Sept. 27, Duterte publicly apologized and admitted negligence in counter-checking his reports. SFM