Sandigan affirms Jinggoy suspension for 90 days

MANILA, Philippines - The Sandiganbayan yesterday affirmed its decision last July 27 suspending Sen. Jinggoy Estrada for 90 days.

The anti-graft court’s Fifth Division chaired by Associate Justice Roland Jurado said the motion for reconsideration filed by Estrada is being denied for lack of merit.

Estrada argued the validity of the plunder case lodged against him for his alleged involvement in the pork barrel fund scam remains questionable.

Estrada added the move to suspend him by the prosecution was motivated by bad faith and was designed to punish him.

Jurado and Associate Justices Alexander Gesmundo and Ma. Theresa Dolores Gomez-Estoesta said when they issued an arrest warrant against Estrada, there was probable cause to proceed because the criminal complaint against him was valid.

“Senator Estrada’s surmises are unfounded and have no basis,” the magistrates said.

The Sandiganbayan said the preventive suspension against Estrada is not a penalty in itself.

“It is merely a measure of precaution so that the employee who is charged may be separated, for obvious reasons, from office. Thus, preventive suspension is distinct from the penalty,” the Sandiganbayan said.

Estrada is currently detained at the Custodial Center of the Philippine National Police (PNP) main headquarters in Camp Crame.

With the suspension order implemented, Estrada remains under the custody of the PNP until after the court decides where the senator should be detained.

A ranking official of the Bureau of Jail Management and Penology (BJMP), however, said he is not in favor of transferring Estrada to a regular jail facility.

BJMP-National Capital Region chief Director Romeo Vio told the court that it would be difficult for jail officers to secure Estrada due to its overcrowded facilities.

If the Sandiganbayan would order Estrada’s transfer there as requested by ombudsman prosecutors, Vio said the BJMP would have to convert an office into a makeshift jail cell.

After hearing Vio’s testimony, the Sandiganbayan gave the defense and the prosecution 10 days to file a comment and reply to the issue so as to allow the anti-graft court to make a ruling.

Last week, the Sandiganbayan’s Third Division also denied the motion for reconsideration of Sen. Juan Ponce Enrile, who was also ordered suspended for 90 days because of a similar plunder charge he is facing still in relation to the pork barrel fund scam.

Senate President Franklin Drilon was directed to implement the suspension order. He has yet to inform the anti-graft court of the action he has taken.

On the other hand, the 90-day suspension order against Sen. Ramon Revilla Jr. before the Sandiganbayan’s First Division is still under appeal.

All three senators are co-accused with suspected pork barrel fund scam operator Janet Lim-Napoles in plunder charges filed separately before three divisions of the Sandiganbayan.

The Office of the Ombudsman, on the other hand, will soon file with the Sandiganbayan the next set of charges against lawmakers and executive officials allegedly involved in the pork barrel fund scam in 2007-2009.

“We are still conducting preliminary investigation. As soon as we firm up our evidence, then we can file the next batch of PDAF (Priority Development Assistance Fund) cases against the respondents,” Ombudsman Conchita Carpio-Morales said on Thursday.

Morales said she was satisfied with how the Sandiganbayan hearings on the PDAF cases are going.

“It’s very good, the justices are very fair, they are impartial,” the former Supreme Court justice said.

Asked about her prosecutors, she said, “They are prosecuting in earnest. I cannot complain against what they are doing.”

As for Estrada’s appeal for the Sandiganbayan to disqualify Justice Undersecretary Jose Justiniano as part of the prosecuting panel, Morales said every respondent has a right to pursue his own defense strategy.

Justiniano heads the Department of Justice (DOJ) panel that investigated and continues to look into the alleged misuse of billions in PDAF allocations of senators and congressmen. He is helping the ombudman’s prosecutors. – With Jess Diaz, Edu Punay, Helen Flores