Jinggoy asks Sandiganbayan to reconsider suspension order

Detained Senator Jinggoy Estrada on Friday appealed to the Sandiganbayan Fifth Division to reconsider its decision to suspend him for 90 days, claiming the government prosecutors’ request lacks merit, made in bad faith as well as meant to punish him and his constituents.

 

In an 11-page motion for reconsideration, Estrada asked the anti-graft court to set aside its July 17 decision suspending him from office.

 

He reiterated that his appeal to the Supreme Court questioning the validity of the case filed against him by the Ombudsman has yet to be resolved.

 

Estrada maintained that he has the right to resist a motion to suspend by challenging the validity of the information by proving that the same had been filed without prior and preliminary investigation.

 

He said the SC earlier decided that a suspension of a public official or employee is not automatic or self-operative when the accused has challenged the validity of the criminal proceedings against him, including any challenge that he has not been accorded the right to a due preliminary investigation.

 

“Sen. Estrada has duly and timely challenged the validity of the proceedings against him, invoking his constitutional rights and asked that the proceedings against him be declared null and void, which include the information in the instant case,” his motion read.

 

Further, the senator said he is both facing plunder and graft charges but the prosecutors deliberately chose to seek his suspension only on the plunder case.

 

“The intention for the strategy apparently decided upon by the plaintiff (prosecution) is quite evident: it is to nullify Sen Estrada’s right to hold office and also, deprive his constituents of his representation his his service,” he said.

 

He added the strategy of the prosecution of piecemeal application for his suspension has already been declared by the SC as unlawful and unconstitutional.

 

Estrada also disagreed with the argument of the court that there still remain 21 other senators for the chamber to do its function despite his suspension and the Senate President will surely know who to deal with the problem of filling up the temporary vacancies in the Senate.

 

“While it is true that the Senate can still act, the suspension of Sen. Estrada will deprive all the people who voted for  him...Second, there is no provision in the Rules of the Senate for filling up temporary vacancies as the Constitution only allows filling up of the seats by election,” he said.

 

The Senate has yet to implement the suspension order on Estrada by the Sandiganbayan's Fifth Division, and Senator Juan Ponce  Enrile by the Third Division pending final decision on the matter.

Enrile, Estrada and Senator Ramon Bong Revilla Jr. are all detained at Camp Came in connection with the alleged pork barrel scam. Estrada and Revilla are both at the PNP Custodial Center while Enrile, at the PNP General Hospital.

No suspension order has been issued against Revilla.  — RSJ, GMA News