A LAWMAKER on Sunday urged the House leadership to heed the Sandiganbayan order imposing the preventive suspension of two House members accused of graft so as not to be perceived giving “special treatment.”
Albay Rep. Edcel Lagman said the separate 90-day suspension order against Pangasinan Rep. Amado Espino Jr. and Camarines Sur Rep. Luis Raymund Villafuerte should be enforced already to avoid the House being cited in contempt of court.
Lagman opposed House Speaker Pantaleon Alvarez’s proposal to let the plenary decide on whether or not to place the two congressmen under suspension from their legislative duties.
“We will follow the judicial process. This is not a penalty. This is suspension. This is done to all accused, whether members of Congress or officials of other agencies. So we should be able to enforce the judicial process equally to all,” Lagman told radio dzBB over an interview.
“I believe the House should follow the order of the Sandiganbayan.”
Espino faces three counts of graft for allowing black sand mining in Lingayen Gulf in 2011 when he was still governor, while Villafuerte is being held accountable for the irregular procurement of P20 million worth of petroleum products for the provincial government in 2010, also when he was governor.
The anti-graft court’s Sixth Division, in a resolution penned by Associate Justice Rodolfo Ponferrada, said Espino will face trial for the issuance of permits to Xypher Builders Inc. and Alexandra Mining and Oil Ventures Inc. to conduct soil remediation and mineral extraction in Barangay Sabangan in Lingayen for the exportation of P10.750 million worth of minerals to China when he was provincial governor.
Associate Justices Oscar Herrera and Karl Miranda concurred with the decision.
Villafuerte allegedly allowed the payment of P 5 million to Naga Fuel Express Zone without prior bidding when he was still governor.
Lagman warned that there was no precedent yet that the House failed to enforce Sandiganbayan’s suspension order.
“There has been no precedent yet and if the House refused to heed the order, the Sandiganbayan may declare the Speaker, the House majority leader and the members of the House committee on rules in contempt,” Lagman said.
Lagman cautioned the leadership against evading its obligation in carrying out the order after Alvarez said he would still study the case and allow the plenary to decide collectively on the suspension of the two members.
“The Sandiganbayan order is directed to the leadership of the House. It is tantamount to evading the issue if the decision on whether or not to implement the order would be given to the entire House membership,” Lagman told dzBB.
“The House leadership should already decide and that is the right thing to do because the members of Congress are “not special”,” Lagman pointed out.
The Sandiganbayan resolution said the suspension was not a penalty because it was not imposed as a result of judicial proceedings.
“In fact if acquitted, the official concerned is entitled to reinstatement and to salaries and benefits which he failed to receive during suspension,” the resolution read.
The anti-graft court directed Alvarez to enforce the 90-day suspension order on the two lawmakers.
Ponferrada, Herrera and Miranda, however, gave Espino 15 days to file a plea.
Earlier, Espino filed an opposition challenging the Sandiganbayan’s suspension order.
He said only the House of Representatives can suspend him, and that his suspension was “in violation of the wishes of general public” as it “will deprive his constituents of their voice in Congress.”
Espino ran in the May 9 congressional race and won a seat.
In 2011, the former governor authorized the issuance of permits to Xypher Builders Inc. and Alexandra Mining and Oil Ventures Inc. to conduct black sand mining in Lingayen Gulf.
Based on court records, the two firms were not registered with the Philippine Contractors Accreditation Board and did not have a clearance from the Mines and Geosciences Bureau under the Department of Environment and Natural Resources.
Espino was tagged as a narco-politician in the drug matrix of President Rodrigo Duterte.
He met with Duterte, denied any drug involvement and even vowed to support the President’s anti-drug war drive.
Alvarez said Friday the House would study Espino’s case thoroughly and come up with a collective decision as to whether to implement the anti-graft court’s decision.
Alvarez said he would likely refer the Sandiganbayan order to the House committee on rules.
Majority Leader and Ilocos Norte Rep. Rodolfo Fariñas, chairman of the committee on rules, said his panel would include the anti-graft court’s ruling in its business of the day for members of the House to decide in plenary.
Villafuerte, the son of former Camarines Sur governor Luis Villafuerte, was charged with graft for the procurement of fuel products amounting to P20 million, which was awarded to Jeffrey Lo, owner of the Naga Fuel Express Zone-Petron Naga Fuel Express without a bidding when he was then the governor.