Sandigan junks Enrile appeal on suspension

MANILA, Philippines - The Sandiganbayan issued a three-month preventive suspension order yesterday against Sen. Juan Ponce Enrile, exactly a week after the anti-graft court issued a similar suspension order against Sen. Jinggoy Estrada.

“Accused Juan Ponce Enrile is hereby suspended from his position as senator of the Republic of the Philippines, and from any other public office which he may now or hereafter be holding for a period of 90 days,” Third Division magistrates led by Presiding Justice Amparo Cabotaje-Tang said in a ruling.

As in the case of Estrada, the Sandiganbayan tasked Senate President Franklin Drilon to implement their directive which can still, however, be held in abeyance if Enrile timely files a motion for reconsideration.

In its decision, the anti-graft court junked Enrile’s arguments that only the Senate can suspend him according to the 1987 Constitution.

The Sandiganbayan also rejected his claim that he should not be suspended since he is now detained and could not influence the case or intimidate witnesses while undergoing trial for plunder.

“Under existing jurisprudence, the court has neither discretion nor duty to determine whether or not a preventive suspension is required to prevent the accused from using his office to intimidate witnesses or frustrate his prosecution or continue committing malfeasance in office,” Cabotaje-Tang and Associate Justices Samuel Martires and Alex Quiroz said.

“The presumption that unless the accused is suspended, he may frustrate his prosecution or commit further acts of malfeasance or do both,” their ruling said.

The Sandiganbayan sided with ombudsman prosecutors that preventive suspension for plunder, which Enrile is accused of due to his alleged involvement in the pork barrel scam, is mandatory under Republic Act 7080.

Enrile, 90, is currently being held in the Philippine National Police General Hospital (PNPGH) at Camp Crame considering his delicate medical condition.

Of the three senators accused of pocketing millions in public funds through the pork barrel scam, only Sen. Ramon Revilla Jr. has not been ordered suspended.