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Sandiganbayan upholds suspension of Jinggoy for 90 days


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(Updated 11:02 a.m.) The Sandiganbayan Fifth Division on Friday upheld its decision to suspend Senator Jinggoy Estrada from his post for 90 days.

The court denied the motion for reconsideration filed by the camp of Estrada due to lack of merit.

"No new argument was presented for the reversal of the assailed resolution, hence, this instant motion must be denied," the court said in a seven-page resolution promulgated on August 28.
 
The court reiterated that after careful assessment of the records, the documents and other evidence submitted, it found the existence of probable cause on the case and the Information submitted by the Ombudsman was valid and sufficient in form and substance.
 
“As far as this court is concerned, due process was afforded the accused, preliminary investigation was conducted by the Office of the Ombudsman, and the Information filed before the court is valid, subject to the outcome of petitions filed by accused before the Supreme Court,” it said.
 
The court also found Estrada’s surmises that the prosecution’s move to have him suspended from office was made in bad faith, designed to punish him and to deprive his constituents of his representation “were unfounded and have no basis.”
 
It added that preventive suspension 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 the office. Thus, preventive suspension is distinct from the penalty,” the court said.

Jinggoy camp accepts decision
 
Jinggoy's lawyer Alexis Abastillas Suarez said they will no longer appeal the anti-graft court's decision.
 
"Mayroon kaming instruction from Senator Estrada na if ever i-deny yung motion for reconsideration namin regarding the suspension, sabi niya wag na kaming mag-appeal sa higher court," she told reporters.
 
“For him, parang papatakbuhin na niya yung araw while is under detention right now sa Camp Crame,” she added.
 
The Sandiganbayan ordered Estrada’s suspension in July. 
 
Senate President Franklin Drilon earlier said the Senate will implement the suspension order once it gets a copy of the final ruling.
 
Jinggoy is facing plunder and graft cases for allegedly pocketing public funds by diverting his Priority Development Assistance Fund allocations to businesswoman Janet Lim-Napoles’ bogus NGOs in the alleged P10-billion pork barrel scam.

Estrada is currenyl detained at the PNP Custodial Center in Camp Crame. — LBG/RSJ, GMA News