Only Senate can discipline Joel Villanueva — law expert

A constitutional law expert said only the Senate can impose disciplinary action against Senator Joel Villanueva, who is being dismissed by the Office of the Ombudsman over his alleged involvement in a P10-million pork barrel scam during his term a party-list lawmaker.

"Sa Saligang Batas po natin, ang nakasaad doon, ang Senado po o ang Kongreso ang maaaring mag-disiplina ng kanilang miyembro,” lawyer Gwen De Vera of the University of the Philippine College of Law said in a "Balitanghali" report on Wednesday.

De Vera said the Senate will most likely consider the findings of the Ombudsman in deciding on the proper disciplinary actions to impose on Villanueva.

“At the very least, they make take into consideration the findings of the Ombudsman in relation to, if they wish to, have a disciplinary proceeding formed within the Senate,” De Vera said.

Villanueva was ordered dismissed after the Ombudsman found him guilty of grave misconduct, serious dishonesty and conduct prejudicial to the interest of service over his alleged involvement in a pork barrel scam in 2008 as CIBAC party-list representative.

The senator is set to face trial before the Sandiganbayan for two counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act or Republic Act No. 3019, one count each for malversation of public funds and malversation through falsification of public documents.

Several senators on Monday have already questioned the authority of the Ombudsman to dismiss Villanueva.

“To me, it’s a valid case for Senator Villanueva to bring to the Court of Appeals. The issue is the authority of the Ombudsman to make the penalty effective while the respondent, Villanueva, is already a senator,” Senate President Pro-Tempore Franklin Drilon told reporters in an interview.

Drilon said the Ombudsman investigated the alleged misuse of Villanueva’s pork barrel funds when he was already the director general of the Technical Education and Skills Development Authority (TESDA).

Villanueva was the representative of CIBAC party-list before his appointment as TESDA head.

Senate President Aquilino “Koko” Pimentel, meanwhile, said under the Ombudsman’s Act, members of Congress are not covered by the Ombudsman’s disciplinary powers. 

Before Villanueva, the Ombudsman had also ordered Senator JV Ejercito to be suspended from position for 90 days due to the graft case he faced over the allegedly anomalous purchase of firearms while he was the mayor of San Juan City.

The Senate did not implement Ejercito’s suspension yet he still filed a leave of absence. — Erwin Colcol/VVP, GMA News