THE Sandiganbayan has upheld the suspension order it imposed on Pangasinan (5th District) Rep. Amado Espino Jr. for a graft case filed against him when he was Pangasinan governor.
In a resolution dated Nov. 29, 2016, the Sandiganbayan dismissed Espino’s motion to nullify the 90-day preventive suspension it issued on Sept. 7, 2016.
In the ruling written by Associate Justice Rodolfo Ponferrada, the Sandiganbayan ordered House Speaker Pantaleon Alvarez to implement the order and to inform the Sandiganbayan of the actual date of the suspension and the expiry of the 90-day period.
The case against Espino arose from his alleged issuance of permits allowing black sand mining operation in the Lingayen Gulf in 2011.
The Office of the Ombudsman said the permits were issued despite lack of clearance from the Mines and Geosciences Bureau and Philippine Contractors Accreditation Board, and business permit from the municipality of Lingayen.
The Sandiganbayan dismissed Espino’s argument that his suspension is unconstitutional as Congress has the power to discipline and suspend its members.
It said the suspension order was not a form of penalty or disciplinary action against Espino, but an implementation of the “Anti-Graft and Corrupt Practices Act.”
The Sandiganbayan said the order did not violate Congress’ disciplinary power as provided under the 1987 Constitution.
On Espino’s argument the case against him was politically motivated, the Sandiganbayan said this was best proven during the trial.
