Sandigan orders House to enforce suspension of two congressmen

The Sandiganbayan Fourth Division has ordered the House leadership to enforce its suspension order on two congressmen from Mindoro who are facing a graft case.

In a four-page resolution promulgated last Nov. 15, the anti-graft court noted there was no basis for Oriental Mindoro Representatives Rodolfo Valencia (first district) and Alfonso Umali (second district) to continue exercising their functions and privileges as members of the House of Representatives after the Supreme Court denied Valencia’s petition for certiorari that sought a reversal of the Sandiganbayan order.

Umali was included because the Supreme Court has not issued an injunction order despite the filing of a separate petition for certiorari.

The lawmakers are accused of causing injury to the government through an illegal disbursement of P2.5 million in 1994. Prosecutors said the amount was given out as a loan to finance the repair, operation and maintenance of a private sea vessel.

During that time, Valencia was Oriental Mindoro governor while Umali was his provincial administrator.

The Fourth Division issued the suspension order against Valencia and Umali on Jan. 17, 2005, but the defendants filed a motion for reconsideration claiming the exemption rested on the principle of separation of powers, and asserting that only the House has the authority to "discipline or suspend them."

The graft court junked this motion in a second ruling on April 1, 2005 and reminded the accused that regardless of their position as legislators, they are still public officials subject to the jurisdiction of the Sandiganbayan.

In the same ruling the court declared: "It totally escapes this court how they (Valencia and Umali) could employ said doctrine to create an exception to the law and thus exclude themselves from its operation just because they are congressmen."

Speaker Jose de Venecia Jr. and House secretary general Roberto Nazareno were also told to explain why the suspension order on Umali and Valencia was not enforced.

In a joint compliance filed through House chief counsel and deputy secretary general Leonardo Palicte, De Venecia and Nazareno explained that the court order had been referred to the House plenary to be formally acted upon.

At the same time, they notified the court that the defendants had been told to file a petition for certiorari before the Supreme Court to resolve the question of jurisdiction.

Last June 22, the Supreme Court, in a resolution, dismissed Valencia’s certiorari petition for lack of merit.

The High Tribunal noted that the petitioner (Valencia) failed to show "any grave abuse of discretion was committed by the Sandiganbayan in rendering the challenged resolutions which, on the contrary, appear to be in accord with the facts and applicable law and jurisprudence."

According to the Sandiganbayan, the Supreme Court resolution removed the last obstacle for the enforcement of the suspension order on the two lawmakers. — Mike Frialde