The House of Representatives is poised to pass on third and final reading a bill providing an exception to the imposition of preventive suspension against public officers.
Speaker Pantaleon Alvarez, principal author of House Bill 6590, said the measure seeks to amend Republic Act 3019, as amended, titled the “Anti-Graft and Corrupt Practices Act.”
The House approved the bill on second reading before Congress went on a Halloween break last October.
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 avert 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.
The bill seeks to amend in particular Section 13 of RA 3019, as amended.
Under the bill, any incumbent public officer against whom any criminal prosecution under a valid information under this Act, or for any offense involving fraud upon government or public funds or property whether as a simple or as a complex offense and in whatever stage of execution and mode of participation, is pending in court, shall be suspended from office for a period not exceeding 90 days:
“Provided, that in case such elected public officer is no longer connected with the office wherein the offense charged was committed, the preventive suspension order shall no longer be implemented,” the bill reads.
Should the incumbent public officer be convicted by final judgment, Alvarez said the official shall lose all retirement or gratuity benefits under any law.
But if the official is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him, Alvarez said.
Alvarez pointed out in the event that such convicted officer, who may have been separated from the service, has already received such benefits, he shall be liable to restitute the same to the government.