SC orders Sandigan to answer JPE petition

MANILA, Philippines - The Supreme Court (SC) yesterday ordered the Sandiganbayan to answer the latest petition of detained Senator Juan Ponce Enrile questioning his suspension from the Senate.

SC spokesman Theodore Te said the justices decided in full-court session to require the Sandiganbayan to comment on the petition filed by Enrile earlier this month assailing an order of the anti-graft court’s third division last July 24 suspending him for three months while standing trial.

“The Court, without necessarily giving due course, directed respondents Sandiganbayan to comment on the petition within 10 days from notice,” he said.

In his 47-page petition, Enrile asked the high court to issue a temporary restraining order (TRO) or status quo ante order enjoining the Sandiganbayan from implementing its order that became final in a resolution last Aug. 22.

Petitioner alleged that the Sandiganbayan committed grave abuse of discretion in granting the motion filed by prosecutors of the Office of the Ombudsman seeking his suspension.

Invoking the constitutional separation of powers of the judicial and legislative branches, the 90-year-old Enrile argued that the Sandiganbayan and ombudsman’s office have no authority to suspend members of the Congress.

He said only the Senate has the legal authority to order his preventive suspension from office, citing Section 16 (3), Article VI of the 1987 Constitution which provides that “each house may determine the rules of its proceedings, punish its members for disorderly behavior and, with the concurrence of two-thirds of all its members, suspend or expel a member.”

The same provision also limits the penalty of suspension on lawmakers to 60 days.

Enrile further pointed out that his suspension has no basis since he has yet to be convicted of any crime.