Constitutional Law
Santiago v. Sandiganbayan
G.R. No. 128055: April 18, 2001
FACTS:
On October 17, 1988, Senator Miriam Defensor-Santiago, as Commissioner of
Commission of Immigration and Deportation, approved the application for the legalization
for the stay of 32 aliens. It was alleged that the senator knew that said aliens were not
qualified.
The Office of the Special Prosecutor and the Ombudsman filed with the
Sandiganbayan an Information against the senator for her alleged violation of R.A. No. 3019,
otherwise known as the Anti-Graft and Corrupt Practices Act. On July 31, 1995, they also
filed a motion to issue an order suspending her. The senator filed her opposition to the motion
of the prosecution to suspend her, but it was denied. The Sandiganbayan issued an order
suspending her for 90 days.
The senator filed a petition with the Supreme Court assailing the authority of the
Sandiganbayan to decree a 90-day preventive suspension.
ISSUE:
Whether or not the Sandiganbayan has the authority to decree a 90-day preventive
suspension of Senator Miriam Santiago from any government position
RULING:
YES. Section 13 of R.A. No. 3019 provides that “Any incumbent public officer
against whom any criminal prosecution under a valid information under this Act or under
Title 7, Book II of the Revised Penal Code 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.”
Also, because Section 13 of R.A. No. 3019 does not provide that an incumbent public
officer must be suspended only from his office where he allegedly committed the graft or
corrupt practice that he is charged, it has been held that the word “office” pertains also to the
other offices he may also be holding.
Finally, the Court held that under Section 1, Article VIII, of the 1987 Constitution, the
Judiciary is empowered to determine “whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.