No Senate custody for ‘pork’ senators

MANILA, Philippines - Senate President Franklin Drilon believes the Senate cannot take custody of Minority Leader Juan Ponce Enrile and Senators Jinggoy Estrada and Ramon Revilla Jr. if they are charged in court for plunder, which is a non-bailable offense.

“We cannot because under the rules of court, taking a person in custody by another person is called recognizance,” he said. “In other words, you do not have to go to jail or post bail. You can be placed in the custody of a responsible citizen. But that remedy is available only in bailable offenses. If it is plunder, it is non-bailable and therefore, placing the accused in custody of the Senate is not an available remedy.” 

Drilon rejected suggestions that an independent body handle the investigation of the pork barrel scam following the linking of several lawmakers to the scam.

“The investigation of the pork barrel fund scam is within the exclusive mandate of the ombudsman because the ombudsman’s mandate is constitutional,” he said.

“You cannot remove the ombudsman in the prosecution on the pork barrel scam.” 

Drilon said under the Constitution, the Office of the Ombudsman has jurisdiction over graft cases.

“This issue is a violation of the anti-graft law and therefore it is the ombudsman,” he said.

Drilon said Enrile, Estrada and Revilla face preventive suspension once the Sandiganbayan issues warrants of arrest against them.

“Yes, because they will be preventively suspended by the Sandiganbayan because of the provision in the Plunder Law that a preventive suspension is imposed on them,” he said. “Decisions of the Supreme Court (say) the Sandiganbayan has no discretion but to impose preventive suspension.” 

Drilon said once suspended from office, the three senators are stripped of their powers to file bills.

“You cannot file a bill because your functions as a senator will be suspended,” he said.

“You are preventively suspended. Now, let me, however, state for the record, that under the decisions of the Supreme Court, the preventive suspension is for 90 days.”

Drilon said the Supreme Court has ruled in the case of Governor Veloso that it is not correct to have a perpetual preventive suspension.

“Because if you suspend him, in effect, perpetually, you are in fact dismissing the public official because the term will expire when he is under preventive suspension,” he said.

“So, the decision of the Supreme Court as in the case of Governor Veloso was that the preventive suspension is obligatory to be imposed by the Sandiganbayan, but it cannot last beyond 90 days.” 

The staff of the three senators will continue to work since they remain employees of the Senate, he added.

‘Issue being muddled’

Drilon believes some sectors could be undertaking efforts to muddle the issue of the pork barrel scam.

“There is no political issue involved,” he said. “Let me make that clear. This is not about politics. This is about enforcing the Anti-Graft law.”

Drilon said that the entire pork barrel scam is about violations of the Anti-Graft and Corruption Act.

“Whoever is proven to be guilty of this would face the penalties under the law,” he said. “It is a matter of upholding the law, and I am confident that our judicial system will properly address and respond to this pork barrel scam.”

Drilon said it is entirely possible that some political operators are using the pork barrel scam to spread black propaganda against some lawmakers in anticipation of the 2016 elections.

“Do I see a concerted effort to muddle the issue?” he asked. “I have said from the very start, let us be wary of efforts to muddle the issue. Let us be wary of political operators who are trying to earn a living for 2016, who could be muddling the issue. 

“Because this case is, to my mind, about the violation of the Anti-Graft Law, and if it’s proven, the appropriate penalties must be fully meted out.” 

Drilon and his colleagues in the Senate have all denied having any dealings with Napoles and challenged their accusers to present evidence to support their allegations.

Drilon said the pork barrel scam would not affect the Senate as an institution, and that it would emerge stronger after all legal processes are concluded.

“The Senate is not in crisis,” he said. “There may be some problems of the individual members, but the Senate as an institution remains strong. The Senate will not collapse as asserted by some people. The Senate is different from the people who compose it. People may come and go, but the Senate will remain as an institution of democracy and as a vital part of our democratic government.”

Drilon said the Senate will continue working on passing important pieces of legislation while all the controversy over the use of the pork barrel is being sorted out.

“Despite the issues facing certain senators, we have remained focused on our legislative work so as not to derail the approval of important measures that we are deeply committed to pass for the benefit of our people,” he said. –Christina Mendez, Marvin Sy