I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
When a public officer is on trial in a criminal case under either RA 3019, the Revised Penal Code or related laws, can be suspended while the case is ongoing. If convicted by final judgment, he loses all his retirement and gratuity benefits. If acquitted, he will be reinstated and the salaries an all other benefits due him during the period of trial will be paid to him (unless administrative charges were filed against him while the criminal case was pending.)
Suspension, though mandatory, isn't automatic. The official in question is still entitled to a hearing that is required to determine the validity of the accusations against him because of his right to due process. Only when it is determined during the hearing that suspension is proper that an order for suspension will be issued. Therefore, a suspension may or may not be put into effect while an official is on trial; it all depends on the findings of the pre-suspension hearing.
In Santiago vs. Sandiganbayan (GR128055, April 18, 2001) there are 3 specific arguments given as to why a pre-suspension hearing is required, since due process is too broad a justification:
1.) Whether or not he was given the right to a preliminary investigation
2.) Whether or not the acts complained of constitute a violation of RA 3019 or related laws
3.) Whether the grounds for a motion to quash under Rule 117 of the Rules of Court are available to him
It is curious to note also that, under the wording of sec. 13 of RA 3019 itself, lifting of suspension requires an acquittal. If the case is dismissed, there is no acquittal and therefore the official will remain suspended.
Suspension by nature is not considered a penalty because the suspended official will be entitled to reinstatement and unpaid benefits if he's acquitted. It is, instead, a preventive measure aimed at keeping the official in question from making use of his powers to frustrate the investigation (intimidation, etc.) It is therefore not considered ex post facto.
Suspension also can't be indefinite; to do so would constitute another violation the official's right to due process. The period of suspension will vary according to which branch of service the public officer belongs to. Also suspension of a member of Congress follows rules that are different from those of public officers from other branches of government.
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