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MANILA, Philippines – When will lawmakers accused in the pork barrel scam really be suspended?
Senators asked Ombudsman Conchita Carpio Morales this question as she faced the Senate finance committee to present the budget of her agency on Tuesday, September 17.
Sen Francis Escudero asked the Ombudsman about the issue, saying senators were divided on when and how the lawmakers will be suspended.
Morales admitted that the issue was debatable.
Sen Miriam Defensor Santiago and Senate President Franklin Drilon clashed on the matter. While Santiago said there is automatic suspension upon the filing of the plunder case in court, Drilon previously said that there will only be suspension upon conviction and later said an arrest warrant will effectively suspend lawmakers.
READ: Drilon: Arrest warrant will suspend lawmakers in ‘pork’ scam
Santiago has said that the Anti-Plunder Act provides that any public officer facing criminal prosecution pending in court shall be automatically suspended from office.
READ: Miriam: Court case can suspend lawmakers in ‘pork’ scam
Section 5 of the law states, “Any public officer against whom any criminal prosecution under a valid information under this Act in whatever stage of execution and mode of participation, is pending in court, shall be suspended from office.”
Referring to the law, Morales said, “I take it that that refers only to cases when the information (case) has been filed in court but as far as the Ombudsman is concerned, I have said that the Ombudsman has no administration, disciplinary jurisdiction over members of Congress.”
Morales added, “The use of the word [in the law] is ‘shall.’ I don’t think it will be automatic on the part of the Sandiganbayan to suspend [the lawmakers].”
The Ombudsman explained that her office will move for the suspension of the defendant lawmaker.
Asked if the court will only act upon a motion from the Ombudsman, Morales said, “Whether or not the Sandiganbayan can motu proprio (automatically) suspend a defendant in a plunder case who is a member of Congress, I am not in a position of authority to say.”
Morales is a former justice of the Supreme Court.
She is one of the heads of the Inter-Agency Anti-Graft Coordinating Council that is investigating the multi-billion peso pork barrel scam. Justice Secretary Leila de Lima and Commission on Audit Chairperson Grace Pulido-Tan also lead the body.
The justice department filed before the Ombudsman on Monday the first batch of cases in the scam against lawmakers who allegedly endorsed fake non-governmental organizations as recipients of their development funds in exchange for hefty kickbacks.
The Ombudsman will review the complaints and decide on whether or not to file the cases in the Sandiganbayan.
The senators facing plunder charges are Ramon “Bong” Revilla Jr, Juan Ponce Enrile and Jinggoy Estrada. The 3 vowed to fight the cases against them, insisting that the implementing agencies and not lawmakers are liable for screening the NGOs.
One-year target for resolving pork case
Morales said that her office will resolve the cases in batches to ensure a speedy resolution.
“The DOJ filed cases by batches and if that is the case, then we should also file cases by batches. We will not wait for the entire cases which are the subject of fact-finding by the NBI (National Bureau of Investigation) to come over to us before we resolve with finality the cases filed yesterday (Monday). I hope we finish in one year, it could be less. I hope it won’t be more.”
In an interview after the hearing, Morales explained to reporters the process her agency will follow now that the first batch of cases has been filed.
“We will go over the documents. We will go over the findings of the NBI and the recommendation and we will check it in relation to our own findings.”
Morales stressed the difficulty her office faces but assured senators that it will continue fulfill its mandate.
“Fighting corruption in the Philippines is like trying to stop an elephant with a fly swatter.” – Rappler.com
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