Sandiganbayan orders 90-day preventive suspension of Jinggoy Estrada anew

MANILA (UPDATED) — The Sandiganbayan Fifth Division has ordered another 90-day preventive suspension of Sen. Jinggoy Estrada, as he faces a plunder charge in connection to the alleged flood control kickback scheme. 

The order, penned by Associate Justice Zaldy Trespeses, follows the expiration of the initial suspension imposed by the court’s Second Division last June. 

In a resolution promulgated on Monday, the court said Estrada is suspended from his Senate seat “and from any other public office which he may now or hereafter be holding” after settling questions on the validity of his charges. 

On Oct. 9, it denied motions for reconsideration of its Sept. 1 resolution, which allowed prosecutors to amend the Informations and exclude former Public Works Secretary Manuel Bonoan from the cases.

“Once a proper determination of the validity of the information has been made, it becomes the ministerial duty of the court to forthwith issue the order of preventive suspension,” the court said.

In a Sept. 14 comment, Estrada argued that the validity of the amended Informations was still in question because of his pending motion for reconsideration. 

He also said the reason for suspension had ceased to exist because he could not obstruct his prosecution while detained at the New Quezon City Jail since June 1. 

He added that a new 90-day suspension would be “more punitive” after being served the same order from the Second Division, which handles his separate graft charge.

Prosecutors argued that the court’s admission of the Amended Informations already affirmed their validity. They also said Estrada’s voluntary participation in the proceedings barred him from challenging them, and that being detained or already suspended in another case does not exempt him.

The court said it has “neither the discretion nor duty” to determine if suspension is needed to keep an accused from intimidating witnesses or frustrating the prosecution.

“When the statute is clear and explicit, there is hardly room for any extended court ratiocination or rationalization of the law,” the resolution read. 

The court then asked the Senate President to implement the suspension and report back within five days of receipt.

Estrada repeatedly denied claims that he influenced or received kickbacks from flood control works.