House Speaker Pantaleon Alvarez directed the House committee on rules to respond to the Sandiganbayan order suspending two congressmen suspected of graft after the all-party caucus failed to reach a consensus.
The Sandiganbayan last week ordered a 90-day suspension on Pangasinan Rep. Amado Espino Jr. and Camarines Sur Rep. Luis Raymund Villafuerte and Alvarez refused to implement it.
“I believe the House should follow the order of the Sandiganbayan. 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,” Albay Rep. Edcel Lagman said.
The graft court directed the House leadership to carry out the suspension order but Alvarez refused to make the decision and called for a caucus of the super majority coalition.
“We referred it to the committee on rules. Let us wait for the decision of the committee on rules,” the Speaker said shortly after emerging from the caucus.
Alvarez said the House members belonging to the majority showed “mixed reactions” to the Sandiganbayan ruling.
The committee on rules is chaired by House Majority Leader Rodolfo Farinas. Alvarez said he would leave it up to Farinas’ panel to decide on whether or not Espino and Villafuerte would be subjected to a probe by the House committee on ethics.
Espino and Villafuerte are both members of the super majority coalition. Both voted for Alvarez as Speaker.
The Speaker said he believes the issue on suspension would no longer reach the plenary, where all members, including those belonging to the minority blocs, would vote on the matter.
“We will do whatever is legal. That’s what we will follow,” he said.
Meanwhile, the two lawmakers are allowed to carry out their legislative functions and enjoy all the perks until the suspension order is enforced.
Once they are suspended, the Speaker would assign caretakers for the two districts until they have served out the 90-day suspension.
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 Camarines Sur 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 governor.
Associate Justices Oscar Herrera and Karl Miranda concurred with the decision.
Villafuerte allegedly allowed the payment of P5 million to Naga Fuel Express Zone without prior bidding when he was still governor.
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.
Lagman remarked that the House never failed to enforce Sandiganbayan’s suspension order.
He cautioned the leadership against evading its obligation to carry 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 earlier said.
“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.