MANILA – The Senate will enforce the second 90-day preventive suspension of Senator Jinggoy Estrada once it formally receives the Sandiganbayan’s order, Senate President Sherwin Gatchalian said Thursday.
In a chance interview, Gatchalian said the chamber had yet to receive the resolution issued by the anti-graft court’s Fifth Division on Oct. 12 in connection with Estrada’s pending plunder and graft cases.
“Hindi pa namin natatanggap yung formal decision ng Sandigan. Inaantay namin yan (We have not yet received the formal decision of the Sandiganbayan. We are waiting for it),” he said.
Gatchalian assured that the Senate would follow the same procedure it applied when the Sandiganbayan’s Second Division imposed the first 90-day preventive suspension against Estrada in June.
“By process, we comply with the order of the Sandigan,” he said.
The latest suspension follows the expiration of the earlier order and stems from separate criminal proceedings involving allegations that Estrada received PHP573 million in kickbacks from anomalous flood-control projects.
In its five-page resolution, the Fifth Division ordered Estrada suspended from his Senate position and any other public office for another 90 days, rejecting his argument that a second suspension would be unnecessary and punitive because he remains in detention.
The anti-graft court maintained that preventive suspension is mandatory under applicable laws once the validity of the criminal charges has been established for purposes of the suspension proceedings.
It also directed the Senate President’s office to report the action taken on the order within five days of receipt.
Impeachment duties affected
Asked whether the renewed suspension would also prevent Estrada from participating in Duterte’s impeachment trial, Gatchalian reiterated his position that a senator-judge’s authority is inseparable from the office of senator.
“Pag suspended ka sa pagiging senator, suspended ka rin sa pagiging senator judge (If you are suspended as a senator, you are also suspended as a senator-judge),” he said.
The Senate chief had expressed the same interpretation when Estrada received his first suspension in June.
The renewed order comes as the impeachment court prepares to resume proceedings on Nov. 9, when Duterte’s defense is expected to begin presenting evidence on the remaining impeachment article involving allegations of unexplained wealth.
Estrada has been detained at the New Quezon City Jail since June 1 after surrendering to authorities following the issuance of an arrest warrant in his plunder case.
He has denied the allegations and previously maintained that his detention prevents him from interfering with witnesses or influencing the criminal proceedings. (Wilnard Bacelonia/PNA)
SECOND SUSPENSION. Senator Jinggoy Estrada in an undated photo. Estrada is facing another 90-day preventive suspension ordered by the Sandiganbayan in connection with his pending criminal cases.
