Jinggoy asks Sandiganbayan to junk move to suspend him

Senator Jinggoy Estrada on Monday asked the Sandiganbayan to junk the prosecution’s motion that he be suspended from office because of the plunder charges he is facing in connection with the alleged P10-billion pork barrel fund scam.

At the same time, Estrada asked the anti-graft court that the prosecution be prohibited from seeking his suspension in the 11 graft charges filed against him.

 

Estrada said the prosecution’s “motion to suspend accused pendente lite” is without merit as the validity of the information filed by the latter before the Sandiganbayan is a subject of a motion before the Supreme Court.

 

He said that based on Section 5 of Republic Act 7080, a public officer facing a criminal prosecution under a valid information shall be suspended from office.

 

He said he filed with the SC a petition for certiorari dated May 5, 2014 assailing the Ombudsman’s denial of his request to be furnished copies of documents filed by other parties in violation of his constitutional right to due process.

On June 20, he again filed a petition for certiorari seeking to annul and set aside the Joint Resolution of the Ombudsman finding probable cause to indict him for plunder and graft.

 

“Thus, it is a matter of public record that the validity of the information in this case is being challenged before the Supreme Court and remains an issue to date,” he said.

 

He accused the prosecution of forum shopping as it filed the information despite knowing that its basis is still being heard at the high court.

 

“In effect, by filing its present motion, plaintiff (prosecution) is forcing Sen. Estrada to defend himself on the issue of the validity of the information against him in two fora, vexing and inconveniencing him in the process,” Estrada said.

 

He also expressed apprehension that the prosecution will seek his suspension in each of the 11 graft charges he is facing.

 

“Such possibility would,  in effect, allow the suspension of Sen. Estrada for a total of 1,080 days or almost three years,” he said. The suspension for public officers facing charges last for 90 days.

 

The prosecution earlier denied that they will do that  but Estrada said “such possibility exists as estoppels does not lie against the government and the plaintiff may very well turn around and successively file similar motions to suspend.”

 

“The strategy of plaintiff (prosecution) of piecemeal applications for suspension of Sen. Estrada, which will result in a suspension for an unreasonable length of time, has already been declared  by the Supreme Court as unlawful and unconstitutional,” he said.  — Amita Legaspi/RSJ, GMA News