SANTIAGO VS.

SANDIGANBAYAN

Miriam (then at the CID), was charged for violation of AGCP for having allowed the legalization of stay
of some disqualified aliens.

Several informations were filed against her before the SB.

Pending the resolution, the prosecution moved to for the issuance of PREVENTIVE SUSPENSION ORDER
against Senator Miriam.

SB granted the motion. SENATOR MIRIAM WAS SUSPENDED AS SENATOR and from any other
government position for period of 90 days.

Senator assailed the authority of the SB to issue a 90- day preventive suspension.

ISSUE: Whether SB had the authority to suspend an incumbent member of the Senate.

SC: The authority of the SB to order preventive suspension of an incumbent public official is based on RA

3019. Suspension pendent elite APPLIES TO ALL PERSONS INDICTED UPON A VALID INFORMATION,
whether appointive or elective, permanent or temporary, career or non-career. It is a ministerial duty of
the court to order suspension upon determination of the validity of the information filed before it. Once
the information is found to be sufficient in form and substance, the court is about to issue the
suspension order as a matter of course. After all, a preventive suspension is NOT A PENALTY because it
is not imposed as a result of judicial proceedings. The SB merely adhere to the clear and unequivocal
mandate of the law. RA 3019 does NOT state that the public officer concerned must be suspended only
in the office where he is alleged to have committed the acts. The word office APPLIES TO ANY OFFICE
WHICH THE OFFICER CHARGED MAY BE HOLDING, NOT ONLY THE PARTICULAR OFFICE UNDER WHICH
HE STANDS ACCUSED. This power of the SB is DISTINCT FROM THE POWER OF CONGRESS TO DISCIPLINE
ITS OWN RANKS which the Consti provides. The suspension contemplated in the constitution is a
punitive measure that is imposed upon the determination of the Senate or House, upon its erring
member. In short, RA 3019 = preventive suspension = PRELIMINARY, NOT A PENALTY Sec 16 Consti =
suspension of member = PUNITIVE, A PENALTY RA 3019 does not exclude from its coverage members of
Congress. SB was correct.