Sandiganbayan orders suspension of San Simon, Pampanga mayor

The Sandiganbayan has ordered the 90-day suspension of San Simon, Pampanga Mayor Abundio “Jun” Punsalan, Jr. for pending graft charges in connection with his alleged attempt to extort P80 million from a steel company.  

In a Resolution dated November 4, the anti-graft court said Punsalan’s 90-day suspension is in accordance with Section 13 of the Anti-Graft and Corrupt Practices Act, which provides for mandatory suspension of the public official facing a graft charge.

“In the case at the bar, the accused contended that the transaction or criminal act involved private funds of a private entity and has nothing to do with government funds and property. However, the facts remained that one of the charges levelled against Punsalan is violation of Section 3.b of the Anti Graft and Corrupt Practices Act. This (suspension) fell within the ambit of Section 13 of the said law,” the Sandiganbayan said. 

Likewise, the anti-graft court said that it already ruled the graft charge filed against Punsalan by the Office of the Ombudsman is valid in a September 8 Resolution, where it also found probable cause for the issuance of warrants of arrest and hold departure order against accused Punsalan, among others. 

“It must be emphasized that when the court asked the accused before the arraignment, he and his co-accused admitted that they were duly informed of the nature and cause of the accusation charged against them as contained in the Information. In fact, they voluntarily waived the reading of the [criminal] Information with full comprehension of its consequences before they pleaded,” the Sandiganbayan said.

In opposing his suspension, Punsalan has argued that the graft case against him does not involve any offense involving fraud upon the government or public funds or property but pertains to transactions involving private funds of a private entity.

“The crux of the charge is an alleged solicitation from a private entity, entirely outside the purview of offenses contemplated under Section 13 of the Anti-Graft and Corrupt Practices Act,” Punsalan’s opposition, as stated in the November 4 Sandiganbayan Resolution, read. 

Likewise, Punsalan argued that the allegations against him do not constitute a graft charge since the alleged act of requesting or demanding money in exchange for the continued enjoyment of incentives does not fall within the scope of a contract or transaction as stated under the Anti-Graft and Corrupt Practices Act.

“The 'transaction' or 'contract' must involve some form of consideration, as in credit transactions or similar dealings where the government stands to gain or lose property, funds, or pecuniary benefit. Acts or decisions unconnected with such monetary considerations are outside the purview of Section 3 (b) of R.A. No. 3019. Here, the continuous enjoyment of tax and other government incentives under Municipal Ordinance Nos 23-003 and 24-0025 constitutes a legislative act of the Sangguniang Bayan, not a contract or transaction entered into by the government for monetary consideration,” Punsalan argued. 

Further, Punsalan, Jr. said the criminal information filed against him is procedurally defective, having been filed without a proper preliminary investigation since he was arrested without a warrant on August 5, 2025, subjected to inquest on August 6, 2025, but only charged before the Sandiganbayan on September 2. 

The anti-graft court, however, junked these defenses. 

“To claim at this point that the Information is procedurally defective for having filed without proper preliminary investigation, after pleading to the crime charged, is procedurally inappropriate,” the anti-graft court said.

Further, the Sandiganbayan cited the Supreme Court decision on the Jose Miranda v. Sandiganbayan which provides that entering a plea waives any objection the petitioner may have to the validity of the Information except on the following grounds: (1) the information charges no offense; (2) the trial court has no jurisdiction over the offense charged; (3) the penalty or the offense has been extinguished; and (4) double jeopardy has attached.

“In long line of cases, the Supreme Court has emphasized that it is evident that upon a proper determination of the validity of the information, it becomes mandatory for the court to immediately issue the suspension order. Once the information is found to be sufficient in form and substance, then the court must issue the order of suspension as a matter of course. There are no ifs and buts about it,” the Sandiganbayan said. 

“This is because a preventive suspension is not a penalty. It is not imposed as a result of judicial proceedings. In fact, if acquitted, the official concerned shall be entitled to reinstatement and to the salaries and benefits which they failed to receive during suspension," it added.

Lastly, the Sandiganbayan said that the protection of public interest “will definitely have to prevail” over the private interest of the accused, considering that the public policy involved in preventing the suspension of a public officer charged under a valid Information. 

“Accordingly, accused Abundio “Jun” Punsalan, Jr. is ordered suspended pendente lite, for a period of 90 days, as  Mayor of Municipality of San Simon, Pampanga, or any other public position he may now or hereafter be holding. Accused Abundio "Jun” Simbulan Punsalan, Jr. is ordered to cease and desist from further performing and/or exercising the functions, duties, and privileges of his position upon the implementation of this Order of Preventive Suspension,” the Sandiganbayan said.

Punsalan Jr.’s suspension will automatically be lifted upon the expiration of the 90-day period from the implementation of the November 4 Resolution.

The Secretary of the Department of Interior and Local Government (DILG) Jonvic Remulla, or his duly authorized representative, is also directed to inform the Court of the action taken thereon, the actual date of the implementation of the suspension, and the expiry date of the 90 days, within 15 days from receipt.

Aside from the graft charge, Punsalan, Jr. is also facing criminal charges of robbery by means of extortion and administrative raps of grave misconduct, serious dishonesty and conduct prejudicial to the best interest of the service.—LDF, GMA Integrated News