Senators Vicente 鈥淭ito鈥� Sotto III and Gregorio 鈥淕ringo鈥� Honasan. INQUIRER FILE PHOTOS
MANILA, Philippines鈥揟wo听opposition senators听are pushing for the continued detention of the three jailed senators at the Camp听Crame听in Quezon City while听their听cases are听being heard听by the听Sandiganbayan.
The three are听Senators Juan Ponce听Enrile, Jose 鈥淛inggoy鈥� Estrada, and Ramon 鈥淏ong鈥� Revilla Jr., who have been charged听with plunder, a non-bailable听offense, and听graft over the听鈥減ork barrel鈥� scam.
In Senate Resolution 798 filed Monday, Senators Vicente 鈥淭ito鈥� Sotto III and听Gregorio 鈥淕ringo鈥澨鼿onasan听said听the听detention of the听three听should be maintained at the Camp听Crame听so听that they could continue to function as regular members of the听Senate.
鈥淲hile the hearing of the charges against the three are being heard by the听Sandiganbayan, their detention at the Camp听Crame听compound of the听Philippine National Police be maintained in order that they听may have the space to continue to function as duly elected representatives of the people on the听constitutional principle that the accused are presumed innocent until final conviction by the proper court,鈥� the resolution reads.
The resolution pointed out the senators鈥� right to be deemed innocent until proven guilty.
In the resolution, Sotto and听Honasan听also pointed out that under Section 16, Article of听VI of the 1987 Constitution, the Senate alone may decide on听how its members may be disciplined, suspended, or expelled.
Unlike Revilla,听Enrile听and听Estrada听have听already been ordered suspended for 90 days by听the听Sandiganbayan. But the Senate has yet to implement the order听pending possible filing of a motion for reconsideration by the听respondents.
Senate President听Franklin听Drilon听had earlier said that the chamber听will comply with听the court鈥檚 order听once its ruling becomes final.
Drilon听also explained in previous interviews that while the Senate has the power to punish its members, the听Sandiganbayan听may also order the preventive suspension of government officials charged before it. No less than the Supreme Court, he said, has made that distinction.
鈥淭here is a very basic difference. The power of the Senate is to impose a penalty, which is suspension for 60 days. What the Anti-graft Law could do is a preventive suspension,鈥� the Senate leader said.
鈥淭he penalty of suspension is governed by the institution, of the Senate, which is supreme. Only the Senate can impose the penalty for its members for 60 days.鈥�
鈥淥n the other hand, the Anti-Graft Law is applicable to all government officials, and is a preventive suspension for 90 days. By its very nature, its purpose is to prevent the respondent from using his office to influence the investigation. There is no penalty in that, since that is only imposed by the Senate. The Supreme Court was clear on that,鈥澨鼶rilon听added.
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