Martires stops practice of prosecutors seeking suspension of erring officials
It is now up to the Sandiganbayan and other trial courts to issue suspension orders against public officials facing graft charges. Prosecutors no longer need to file motions seeking the
suspension of erring officials.
This developed after Ombudsman Samuel Martires directed all prosecutors to stop filing motions to suspend pendente lite (while litigation is pending) of accused public officials, as well as to withdraw earlier
motions seeking the same.
Regional trial courts (RTCs), aside from the Sandiganbayan, have jurisdiction over graft cases filed against public officials and employees with salary grade 26 and below.
In a memorandum dated August 28 titled "Suspension Pendente Lite of Accused Public Officials," Martires said prosecutors "shall no longer be required to file motions to suspend the accused pendente lite before the Sandiganbayan or the lower courts."
Even those motions to suspend that have earlier been filed before the issuance of the memorandum, but which remain unsolved by the trial courts, are ordered withdrawn.
"Where the ruling in the motion for suspension pendente lite have been appealed, the handling prosecutor shall withdraw the motion and accordingly inform the appellate court that the motion has been withdrawn," the memorandum read.
Martires cited the ruling of the Supreme Court (SC) in Luciano V. Mariano (G.R. No. L-30306, 20 June 1969) in his memorandum which states that "by Section 13 of the Anti-Graft and Corrupt Practices Act, solely the court in which the criminal case has been filed shall wield the power of suspension."
He also invoked Flores v. Layosa (G.R. No. 154714, 12 August 2004) which states that "Section 13 of. R.A. No. 3019, as worded, allows the court to issue the suspension order motuproprio."
Motuproprio is Latin for "on his own impulse." It is described as an official act taken without a formal request from another party.
Honasan suspension withdrawn
In light of Martires’ memorandum, the prosecutors handling the graft case of Senator Gregorio "Gringo" Honasan II has filed an urgent manifestation with ex-parte motion before the Sandiganbayan Second Division withdrawing its earlier motion to suspend pendente lite.