Congressmen back bill saving selves from suspension

MANILA, Philippines - Leaders of the House of Representatives have filed a bill that seeks to put a stop to the Sandiganbayan’s practice of handing down preventive suspension orders on congressmen facing investigation for possible wrongdoing committed during their past positions.

Speaker Pantaleon Alvarez spearheaded the filing of House Bill 3605, co-authored by House Majority Leader Rodolfo Fariñas, House Minority Leader Danilo Suarez and Rep. Harry Roque Jr. of party-list Kabayan.

The filing of the measure came after the issuance of preventive suspension by the anti-graft court against two incumbent House members – Reps. LRay Villafuerte Jr. of Camarines Sur and Amado Espino of Pangasinan. Their alleged infractions were committed when they were both still governor.

Villafuerte was accused of graft in 2010 for the procurement of P20 million worth of petroleum products allegedly without public bidding, while Espino’s case stemmed from the alleged illegal black sand mining activities in Lingayen Gulf.

The House has deferred action on their cases while the rules committee deliberates on them.

A preventive suspension is intended to keep a defendant from using his or her office to harass potential witnesses or conceal, destroy or tamper documentary evidence.

HB 3605 seeks to amend Section 13 of Republic Act 3019, or the Anti-Graft and Corrupt Practices Law, which allows the suspension of a public officer with a pending case in the anti-graft court.

Section 1 proposes that any incumbent officer shall be suspended, “provided that in case such incumbent officer is no longer connected with the office wherein the offense was committed, the preventive suspension order shall no longer be implemented.”

In an explanatory note for HB 3605, the authors explained that a preventive suspension is usually imposed to prevent an accused from influencing potential witnesses or tampering with government records.

“The change in circumstances of the public officer effectively removes this threat, making the provision in line with the spirit and intent of the law,” the House leaders stated in the measure.

The bill provides though for the cancellation of the official’s retirement and gratuity benefits, along with the necessary punishment of perpetual disqualification from holding public office, in case he is convicted with finality.