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Ombudsman asks Sandiganbayan to suspend Senators Revilla, Estrada
By AMITA O. LEGASPI, GMA News
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(UPDATED 4:30 p.m.) The Office of the Ombudsman on Monday asked the Sandiganbayan to suspend Senator Ramon Revilla Jr. and Senator Jinggoy Estrada in connection with the plunder charges they are facing before the anti-graft court.
The Ombudsman also asked the Sandiganbayan First Division to suspend Revilla's staff, lawyer Richard Cambe, who is similarly indicted in the pork barrel scam.
The government prosecutors asked that "an order be issued suspending accused [Revilla and Cambe] from their respective public office and/or any public office which they may thereafter occupy pending trial."
They said the suspension of the two is now mandatory as they have already been arraigned.
They said the suspension of the two is now mandatory as they have already been arraigned.
"In view of the arraignment of the accused and that validity of the Information in the instant case is no longer in question, and invoking the clear mandate of the law, suspension of both accused pending litigation is now mandatory," the motion stated.
Revilla and Cambe were arraigned on June 26.
Separate motion
Separate motion
In a separate motion, prosecutors asked the Fifth Division to suspend Estrada as his continued stay in office "may frustrate the prosecution of the crime, if not prejudice the case filed against him.
"To prevent the accused from committing further acts of malfeasance, tamper with documentary evidence and intimidate or influence witnesses in the case, it is necessary that the accused be suspended from office while the case is pending in court," read the motion in Estrada's case.
The motion is set to be heard on July 3 by the First Division, which is handling Revilla's case, and on July 4 by the Fifth Division for Estrada's case.
The motion is set to be heard on July 3 by the First Division, which is handling Revilla's case, and on July 4 by the Fifth Division for Estrada's case.
The prosecutors invoked Section Five of Republic Act 7080, which states that public officers charged with plunder "shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law."
Senate Minority Leader Juan Ponce Enrile, the third senator accused of plunder in connection with the pork barrel scam, has yet to be arraigned.
The three senators are accused of pocketing kickbacks from their Priority Development Assistance Fund allocation, some of which were supposedly funneled into ghost projects and fake NGOs in a fraudulent scheme allegedly masterminded by trader Janet Lim-Napoles.
90 days
Senate Minority Leader Juan Ponce Enrile, the third senator accused of plunder in connection with the pork barrel scam, has yet to be arraigned.
The three senators are accused of pocketing kickbacks from their Priority Development Assistance Fund allocation, some of which were supposedly funneled into ghost projects and fake NGOs in a fraudulent scheme allegedly masterminded by trader Janet Lim-Napoles.
90 days
According to lawyer Teresita Rosete, clerk of the First Division, the Supreme Court has earlier issued a decision setting the suspension of government officials to 90 days upon order of the court.
Senate President Franklin Drilon, also a lawyer, said in an earlier interview that the senators will be automatically suspended once they were charged before the anti-graft court.
In a radio interview, Drilon said the three senators implicated in the alleged pork barrel scam would be temporarily barred from performing their work as legislators in case the Ombudsman files a motion to suspend them before the Sandiganbayan in connection with the plunder case.
"Ang suspension po ng public official na nasampahan ng kaso ay automatic po. Ang kailangan lang ay isang motion galing sa Ombudsman... Wala pong discretion ang Sandiganbayan kundi suspendihin ang official," Drilon told radio dzRH.
Drilon cited the Supreme Court's ruling on a petition filed in 1989 by then-Zambales Governor Amor Deloso, which calls for the "automatic application" of the suspension of a public official facing criminal charges. —with report from Patrician Denise Chiu/NB/YA, GMA News
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