Senator Gringo Honasan objected to his temporary suspension over a graft case in connection with the alleged misuse of his priority development assistance fund (PDAF) or the so-called “pork barrel” amounting to P3O million.
In his opposition submitted to the anti-graft court’s Second Division, Honasan argued that the prosecution’s motion to suspend him is premature since he already filed a petition for certiorari before the Supreme Court questioning the anti-graft court’s jurisdiction over his case.
Through his lawyers, the senator also blamed state prosecutors for allegedly failing to submit their comment on his plea on time.
Honasan said he filed his petition before the Supreme Court on January 3, 2018, but the prosecution only submitted its comment 87 days later.
“It is thus only fair for the Honorable Court to defer action on the motion given the pendency of Senator Honasan’s petition. Indeed, the motion, at this point in time, is premature since the pre-requisite legality of the Honorable Court’s process forcing the submission of Senator Honasan’s person remains hanging in the Supreme Court,” read the motion.
Honasan also pointed out that a Sandiganbayan ruling on the move to suspend him would also pre-empt the Supreme Court.
He branded as “patently designed” to remove him from office the prosecution’s motion because it stated that he should face an “ndefinite suspension.”
“Due to its unwarranted and oppressive overbreadth, the motion is clearly unconstitutional and thus, suffers from invalidity, inoperativeness or being void ab initio,” added Honasan in his opposition.
“It therefore behooves the Honorable Court to disregard the same in toto since such an abhorrent pleading never conferred any right on the prosecution to expect any relief and never imposed any duty on the Honorable Court to grant such unjustified, baseless and pernicious relief,” it added.
Earlier, the prosecution asked the Sandiganbayan Second Division to suspend Honasan as his graft case continues.
The Office of the Ombudsman said Honasan allegedly gave P29.1 million pork barrel funds to a questionable non-government organization (NGO)— National Council of Muslim Filipinos (NCMF), for the implementation of programs and projects that would benefit Muslim Filipinos in Metro Manila and Zambales.
Investigations showed Honasan tapped NCMF as implementing agency and Focus Development Goals Foundation, Inc. as non-government organization-partner without complying to government procurement rules.
Honasan is facing two counts in violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act . He has denied the charges and insisted he followed the rules and did not violate any law.
He believes he will be acquitted in the end, saying he is “sure the truth will come out.” He also lamented that his name is being besmirched by the case and it is now affecting his family.
Honasan was the fourth senator to be charged for alleged misuse of PDAF. The three others are former Senate President Juan Ponce Enrile and senators Bong Revilla and Jinggoy Estrada.