Sandigan asked anew to suspend Rep. Espino

The Sandiganbayan Sixth Division was earlier asked by the office of the Ombudsman to suspend Pangasinan Rep. Amado T. Espino Jr. from his current position because of his pending graft cases in connection with the alleged illegal black sand mining in Lingayen Gulf back in 2011.

However, Espino’s lawyers opposed the suspension, stating that Section 13 of R.A. 3019, also known as the Anti-Graft and Corrupt Practices Act, is “unconstitutional and archaic” because it contravenes the Article VI Section 16(3) of the 1987 Constitution, which vested upon Congress the power to discipline and suspend its members.

“In short, the accused is insisting that under the Constitution, the Congress in which he is a member is the sole body that can order his suspension and that an order of suspension coming from the Sandiganbayan would be contrary to the constitution,” Espino’s lawyers said.

They also said that Espino’s possible suspension will be in “violation of the wishes of the general public” since he is an elected congressman of Pangasinan.

In response, prosecution said their arguments should not be given merit “for lack of factual and legal basis,” according to Acting Director Jennifer A. Agustin-Se of the Prosecution Bureau XI.

Agustin-Se said that the authority of the Sandiganbayan to issue preventive suspension has long been settled by the Supreme Court. “With the above ruling of the Supreme Court, the prosecution humbly submits that the suspension of the accused Espino pending litigation of this case is but just proper in accordance with law and jurisprudence,” she said.