MANILA — Sen. Jinggoy Estrada has been ordered suspended from public office for another 90 days despite being detained since June, after the Sandiganbayan rejected his argument that a second suspension would be unnecessary and punitive while he faces plunder charges linked to an alleged flood control kickback scheme.
The anti-graft court’s Fifth Division issued the fresh preventive suspension in a resolution promulgated Monday, extending Estrada’s exclusion from official duties following the expiration of an earlier 90-day suspension imposed by its Second Division in June.
The order, penned by Associate Justice Zaldy Trespeses, covers Estrada’s position in the Senate and any other public office he currently holds or may subsequently assume.
The court ruled that preventive suspension was mandatory once the validity of the amended charges against the senator had been established, regardless of his detention or previous suspension in a separate case.
“Once a proper determination of the validity of the information has been made, it becomes the ministerial duty of the court to forthwith issue the order of preventive suspension,” the resolution stated.
The ruling followed the Fifth Division’s October 9 denial of motions seeking reconsideration of its September 1 resolution, which allowed prosecutors to amend the charges and remove former Public Works Secretary Manuel Bonoan from the cases.
Estrada had opposed the renewed suspension, arguing in a September 14 filing that the validity of the amended charges remained unresolved because his motion for reconsideration was still pending.
He also maintained that another suspension served no practical purpose because he had been detained at the New Quezon City Jail since June 1, leaving him unable to interfere with witnesses or obstruct court proceedings.
The senator further argued that imposing another 90-day suspension would be “more punitive,” considering that he had already been suspended for the same duration in a separate graft case before the Sandiganbayan’s Second Division.
Prosecutors, however, maintained that the court’s acceptance of the amended charges had already established their validity and triggered the mandatory suspension requirement.
They also argued that Estrada’s participation in the proceedings barred him from subsequently challenging the charges on procedural grounds, while his detention and suspension in another case did not exempt him from a separate preventive suspension order.
Rejecting Estrada’s objections, the Sandiganbayan emphasized that the law did not give the court discretion to determine whether a suspension remained necessary under the circumstances.
The court said it had “neither the discretion nor duty” to assess whether the accused could still intimidate witnesses or obstruct the prosecution.
“When the statute is clear and explicit, there is hardly room for any extended court ratiocination or rationalization of the law,” the resolution read.
The Sandiganbayan directed the Senate president to implement the latest suspension and submit a compliance report within five days of receiving the order.
The fresh suspension means Estrada remains barred from exercising the functions of his Senate office under the new court order, independently of his continued detention and the earlier suspension imposed in the separate case.
Estrada has repeatedly denied allegations that he influenced flood control projects or received kickbacks from the alleged scheme.
The preventive suspension is not a finding of guilt, and the criminal proceedings against the senator remain pending./PN
