MANILA — Sen. Jinggoy Estrada will be placed under a 90-day preventive suspension after the Sandiganbayan ordered his temporary removal from office in connection with the graft case arising from the alleged flood control kickback scheme, a move the lawmaker said he would respect as part of the legal process.
The Sandiganbayan Second Division issued the suspension order on June 16 and transmitted the directive to the Senate, ruling that Estrada, an incumbent public official facing a pending graft case, must be preventively suspended while trial proceedings are underway.
The anti-graft court said the suspension is mandated under the Anti-Graft and Corrupt Practices Act once the validity of the criminal information has been established.
In a statement issued after the order, Estrada said he had long taken steps to ensure that his position would not be used to influence the proceedings against him.
“Kasabay ng aking desisyon na hindi magpasailalim sa protective custody ng Senado at ang aking boluntaryong pagsuko sa mga awtoridad nang lumabas ang warrant of arrest laban sa akin ay ang agarang pagbibigay-alam ko sa Senate Secretary na ipatigil muna ang aking sahod. Hindi ako nagdalawang-isip sa mga hakbang na ito sapagkat malinaw sa akin na walang puwang ang personal na interes sa gitna ng isang prosesong layuning linawin ang katotohanan,” Estrada said.
He said the measures were intended to demonstrate his commitment to due process and transparency.
“Ayokong mabigyan ng anumang bahid ng pagdududa ang aking layunin na igalang ang proseso at patunayan ang aking sarili sa tamang forum. Ginawa ko ang mga hakbang na ito dahil sa paninindigan at prinsipyo,” he added. “At this stage, I remain open to availing myself of all legal remedies under the law.”
Before the suspension order was issued, Estrada argued that preventive suspension was unwarranted because he had not yet been given a full opportunity to question the regularity of the preliminary investigation conducted by the Department of Justice and the Office of the Ombudsman.
Prosecutors, however, maintained that the filing of a valid criminal information against an incumbent public official already satisfies the legal requirements for preventive suspension.
In its resolution, the Sandiganbayan emphasized that public officials facing graft charges must be suspended from office once the court determines that the criminal information is valid.
The court earlier entered a not guilty plea on behalf of Estrada after he declined to personally enter a plea during his arraignment on the graft charge./PN
