HOUSE Speaker Pantaleon Alvarez is asking the Sandiganbayan to comment on the proposal to amend Section 13 of Republic Act. 3019, or the Anti-Graft and Corrupt Practices Act, allowing the anti-graft court to preventively suspend local officials.
But Sandiganbayan Presiding Justice Amparo Cabotaje-Tang declined to comment on House Bill 3605 that would stop the anti-graft court to implement the suspension order on any incumbent government official charged with violation of the Anti-Graft and Corrupt Practices Act committed while in a previous government position.
She said Alvarez wrote the court, asking for its reaction on proposed amendment of RA 3019.
“We asked them [Congress] that we be excused from submitting any comment. Because at the end of the day, we will still be the ones to interpret everything about the law,” she said.
The House of Representatives, however, could enact a law to protect incumbent officials from serving a preventive suspension order, she said.
“In fact, it can completely amend Section 13 or completely delete Section 13 to abolish the preventive suspension completely. It’s within the legislative power of Congress,” she added.
In September, Alvarez filed HB 3605 to bar Sandiganbayan from issuing a preventive suspension order after the court ordered the suspension of Camarines Sur Rep. Raymund Villafuerte and Pangasinan Rep. Amado Espino Jr.
Government prosecutors have been invoking Section 13 of RA 3019 to seek the suspension of any public official accused and charged with graft and corruption.
Alvarez earlier informed the Sandiganbayan that Congress had complied with the 90-day suspension order on Villafuerte and Espino.
Espino is facing a graft case at the Sandiganbayan for alleged illegal blacksand mining activity in Lingayen Gulf when he was governor.
Villafuerte is accused of graft at the Sandiganbayan over the alleged anomalous P20-million fuel purchase made for Camarines Sur’s provincial goverment when he was governor.
Cabotaje-Tang maintained a Supreme Court’s ruling the anti-graft court had the authority to suspend public officials and even legislators facing graft raps.