MANILA, Philippines–Twoopposition senatorsare pushing for the continued detention of the three jailed senators at the CampCramein Quezon City whiletheircases arebeing heardby theSandiganbayan.
The three areSenators Juan PonceEnrile, Jose “Jinggoy” Estrada, and Ramon “Bong” Revilla Jr., who have been chargedwith plunder, a non-bailableoffense, andgraft over the“pork barrel” scam.
In Senate Resolution 798 filed Monday, Senators Vicente “Tito” Sotto III andGregorio “Gringo”Honasansaidthedetention of thethreeshould be maintained at the CampCramesothat they could continue to function as regular members of theSenate.
“While the hearing of the charges against the three are being heard by theSandiganbayan, their detention at the CampCramecompound of thePhilippine National Police be maintained in order that theymay have the space to continue to function as duly elected representatives of the people on theconstitutional principle that the accused are presumed innocent until final conviction by the proper court,” the resolution reads.
The resolution pointed out the senators’ right to be deemed innocent until proven guilty.
In the resolution, Sotto andHonasanalso pointed out that under Section 16, Article ofVI of the 1987 Constitution, the Senate alone may decide onhow its members may be disciplined, suspended, or expelled.
Unlike Revilla,EnrileandEstradahavealready been ordered suspended for 90 days bytheSandiganbayan. But the Senate has yet to implement the orderpending possible filing of a motion for reconsideration by therespondents.
Senate PresidentFranklinDrilonhad earlier said that the chamberwill comply withthe court’s orderonce its ruling becomes final.
Drilonalso explained in previous interviews that while the Senate has the power to punish its members, theSandiganbayanmay also order the preventive suspension of government officials charged before it. No less than the Supreme Court, he said, has made that distinction.
“There 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,” the Senate leader said.
“The 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.”
“On 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,”Drilonadded.
RELATED STORIES