Sandigan junks with finality JPE appeal on suspension

Citing lack of merit, the Sandiganbayan yesterday denied with finality the request of Sen. Juan Ponce Enrile that the three-month suspension order issued against him last month be junked.

Magistrates of the anti-graft court’s Third Division affirmed their July 24, 2014 decision suspending the 90-year-old lawmaker, who is facing trial for plunder for alleged involvement in the pork barrel fund scam.

In a 14-page resolution, the Sandiganbayan again directed Senate President Franklin Drilon to implement the suspension order and inform the court of the action taken within five days from receipt of notice.

Drilon, for his part, said the Senate is ready to implement the order of suspension on Enrile.

“We will implement the order as soon as we receive the copy of the order,” he said.

Enrile, in his motion for reconsideration, argued among others that only the Senate has the power and authority to suspend him in administrative proceedings.

Presiding Justice Amparo Cabotaje-Tang and Associate Justices Samuel Martires and Alex Quiroz, however, disagreed and rejected the arguments.

“Preventive suspension under Section 5 of R.A. No. 7080, as amended, is not an administrative measure,” the magistrates explained, referring to provisions of the Plunder Law that state persons charged with the offense should be suspended from public office.

“It is not an incident to an administrative proceeding, but an indispensable and mandatory consequence of accused Enrile’s criminal indictment under valid Information,” the Sandiganbayan decision read.

The anti-graft court also junked Enrile’s arguments that no pre-suspension hearing was conducted before he was ordered suspended.

He said he was not given opportunity to file an opposition to the prosecution’s motion to suspend.

Drilon said the power to suspend a member of Congress has been decided by the Supreme Court.

“That issue has been decided when the Supreme Court made a distinction between the power of the Senate to punish its members and the preventive suspension,” Drilon said.

“There is a very basic difference. The power of the Senate is to impose a penalty, which is suspension for 60 days. What the Anti-Graft Law could do is a preventive suspension,” he said.

Drilon explained the provisions of the AntiGraft Law covers all government officials.

“Only the Senate can impose the penalty for its members for 60 days. On the other hand, the Anti-Graft Law is applicable to all government officials, and is a preventive suspension for 90 days,” he added.

Drilon said the purpose of the suspension is to prevent the respondent from using his office to influence the investigation.

“There is no penalty in that, since that is only imposed by the Senate. The Supreme Court was clear on that,” Drilon explained, referring to the case of Santiago vs. Sandiganbayan where the anti-graft court categorically stated that the order of suspension prescribed under Republic Act 3019 “is distinct from the power of Congress to discipline its own ranks under the Constitution.”

Reacting to the decision, Enrile’s lawyer Estelito Mendoza said they would study their legal options and decide whether to address the issue before the Supreme Court.

Enrile has a pending petition before the high court challenging the Sandiganbayan’s previous decision junking his motion for bill of particulars and motion to fix bail.

His lawyers said the denial of their motion for reconsideration on the suspension order “was predictable,” which is why they will have to evaluate their options on what to do next.

Meanwhile, doctors of the Philippine General Hospital (PGH) asked the Sandiganbayan yesterday to give them more time to finish their medical examination on Enrile, who remains confined at the Philippine National Police General Hospital (PNPGH) in Camp Crame.

In a manifestation, PGH director Jose Gonzales told the anti-graft court they needed to conduct more tests to determine Enrile’s state of health.

Because the assessment on Enrile last week included a diagnosis on bronchial asthma, PGH doctors said there is a need for a pulmonologist to do further medical examination.

Gonzales asked the Sandiganbayan to allow Lenora Fernandez to examine Enrile “in order to render a complete medical assessment of Senator Enrile.”

The Sandiganbayan had given PGH doctors only until Aug. 26 to conduct a medical examination of Enrile to help the court decide on his motion for hospital detention.

Gonzales said doctors now need 15 more days to complete the medical tests, thus asking the Sandiganbayan for more time.

Unlike his co-accused Janet Lim-Napoles, the alleged brains behind the pork barrel fund scam, Enrile has not yet filed a motion for bail.

During yesterday’s bail hearing, however, Assistant Commissioner Susan Garcia of the Commission on Audit (COA) testified on how Enrile’s pork barrel releases were tainted with irregularities since the same went to bogus non-government organizations (NGOs).