SPEAKER Pantaleon Alvarez on Monday filed a measure that seeks to stop the Sandiganbayan from suspending incumbent public officials retroactively.
In filing House Bill 3605, Alvarez proposes to amend Section 13 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act that allows the anti-graft court to suspend incumbent officials charged with graft or violation of the Revised Penal Code involving illegal use of public funds.
“This bill seeks to amend Section 13 of RA 3019 by providing an exception to the imposition of preventive suspension against public officers,” Alvarez said in the bill’s explanatory note said
Alvarez filed the measure in the light of Sandiganbayan order to suspend Reps. Amado Espino Jr. of Pangasinan and LRay Villafuerte of Camariñes Sur over graft charges levelled against them.
Alvarez said the exception shall be applicable to public officers who are no longer connected with the office wherein the offense charged was committed.
“As preventive suspension is imposed to prevent an accused from influencing potential witnesses or tampering with records, the change in circumstances of the public officer effectively removes this threat, making the provision in line with the spirit and intent of the law,” Alvarez said.
Alvarez’s bill wants to insert in Section 13 of RA 3019 the phrase “provided, that in case such incumbent public officer is no longer connected with the office wherein the offense charged was committed, the preventive suspension order shall no longer be implemented.”
Section 13 reads: “Any incumbent public officer against whom any criminal prosecution under a valid information under this Act or under Title Seven Book II of the Revised Penal Code or for any offense involving fraud upon government or public funds or property whether as a simple or as complex offense and in whatever stage of execution and mode of participation, is pending in court shall be suspended from office.”
Espino was suspended for a graft charge for allegedly giving the go signal to firms to operate illegal black sand mining in the province when he was still a governor of Pangasinan.
But Espino argued that the suspension order filed against him will be used as “an instrument for politically motivated harassment and persecution.”
Villafuerte was suspended for graft as he faces trial over the allegedly anomalous procurement of P20 million worth of petroleum products for the provincial government when he was Camarines Sur governor in 2010.
But Villafuerte appealed to the anti-graft court to reconsider the suspension order, saying the trial of his case is in advance stage as the prosecution is almost done with its work of presenting evidence against him.