8/6/2019
Sandiganbayan ~ Scire Licet
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scire-licet.blogspot.com/2010/01/santiago-vs-sandiganbayan.html
Santiago vs.
Santiago vs. Sandiganbayan
G.R. No. 128055, April 18, 2001
Power of Sandiganbayan to suspend members of Congress vis-a-vis Congress' prerogative to
discipline its own members: the former is not punitive, the latter is
FACTS:
A group of employees of the Commission of Immigration and Deportation (CID) led a
complaint for violation of Anti-Graft and Corrupt Practices Act against then CID Commissioner
Miriam Defensor-Santiago. It was alleged that petitioner, with evident bad faith and manifest
partiality in the exercise of her of cial functions, approved the application for legalization of
the stay of several disquali ed aliens. The Sandiganbayan then issued an order for her
suspension effective for 90 days.
ISSUE:
Whether or not the Sandiganbayan has authority to decree a 90-day preventive
suspension against a Senator of the Republic of the Philippines
RULING:
The authority of the Sandiganbayan to order the preventive suspension of an incumbent public
of cial charged with violation of the provisions of Republic Act No. 3019 has both legal and
jurisprudential support. xxx
It would appear, indeed, to be a ministerial duty of the court to issue an order of suspension
upon determination of the validity of the information led before it. Once the information is
found to be suf cient in form and substance, the court is bound to issue an order of suspension
as a matter of course, and there seems to be “no ifs and buts about it.” Explaining the nature of
the preventive suspension, the Court in the case of Bayot vs. Sandiganbayan observed:
“x x x It is not a penalty because it is not imposed as a result of judicial proceedings. In fact, if
acquitted, the of cial concerned shall be entitled to reinstatement and to the salaries and
bene ts which he failed to receive during suspension.”
In issuing the preventive suspension of petitioner, the Sandiganbayan merely adhered to the
clear an unequivocal mandate of the law, as well as the jurisprudence in which the Court has,
more than once, upheld Sandiganbayan’s authority to decree the suspension of public of cials
and employees indicted before it.
Power of Sandiganbayan to Decree Preventive Suspension vis-à-vis Congress’ Prerogative to
Discipline its Members
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8/6/2019 Santiago vs. Sandiganbayan ~ Scire Licet

Herald Digital Laws

Philippines The pronouncement, upholding the validity of the information led against petitioner,
Lexoterica behooved Sandiganbayan to discharge its mandated duty to forthwith issue the order of
preventive suspension.
Philippine E-Legal Forum
Pinoy Law Student The order of suspension prescribed by Republic Act No. 3019 is distinct from the power of
Punzi - Semper Fidelis Congress to discipline its own ranks under the Constitution which provides that each-
The Law PH “x x x house may determine the rules of its proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a
Member. A penalty of suspension, when imposed, shall not exceed sixty days.”

The suspension contemplated in the above constitutional provision is a punitive measure that
is imposed upon determination by the Senate or the house of Representatives, as the case may
Pre-register be, upon an erring member.

Now xxx
Republic Act No. 3019 does not exclude from its coverage the members of Congress and that,
China Brand Show
therefore, the Sandiganbayan did not err in thus decreeing the assailed preventive suspension
order.

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