Ombudsman Samuel Martires has barred the Office of the Special Prosecutors from pursuing the suspension of public officials facing criminal prosecution before the Sandiganbayan and any lower court.
“All concerned shall no longer be required to file motions to suspend the accused pendente lite before the Sandiganbayan or the lower courts,” Martires’ Aug. 28 memorandum read.
He ordered the Ombudsman prosecutors to withdraw all of the pending motions to suspend concerned government officials.
He invoked two Supreme Court decisions and said any suspension order must emanate from the courts and not from a prosecutor filing a formal motion.
In the case of Luciano vs. Mariano, the court could only suspend an accused upon the determination of the validity of the charges.
On the other hand, the ruling on Flores vs. Layosa, a suspension order, is mandatory “regardless of whether the prosecution files a motion.”
“All motions for suspension pendente lite which have been filed before the issuance of this memorandum but which remain unresolved by the trial courts are ordered withdrawn,” Martires said.
Unlike Martires, his predecessor, Ombudsman Conchita Carpio-Morales, gave the prosecutors the power to seek a 90-day preventive suspension on incumbent government officials.
The Ombudsman’s prosecution filed a withdrawal of its urgent manifestation with the Sandiganbayan’s Second Division to suspend Senator Gregorio Honasan for his alleged involvement in the P30-million pork barrel fund scam.
Clarifying it did not want to cause a delay in the resolution of Honasan’s graft case, the prosecution said it filed the motion’s withdrawal in compliance with Martires’ order.
“The panel’s intent to withdraw the subject motion, however, does not necessarily convey that it is turning its back away from the mandatory character of preventive suspension of an accused pending litigation,” the manifestation read.
“What the panel respectfully seeks, by filing this instant Manifestation with Motion, is to fully concede with and respect the full authority and sound wisdom of this Honorable Court to order the preventive suspension motu propio of herein accused.”
