QUEZON CITY — The Sandiganbayan Fifth Division has slapped Senator Jinggoy Estrada with a 90-day preventive suspension amid ongoing graft and plunder charges tied to alleged infrastructure fund anomalies.
In a resolution promulgated on Monday, October 12, the anti-graft court directed the suspension of Estrada from his Senate seat and any other public office for 90 days following receipt of the ruling.
The tribunal emphasized that once the validity of a criminal information is established, ordering a preventive suspension is a mandatory duty of the court.
“Once a proper determination of the validity of the information has been made, it becomes the ministerial duty of the court to forthwith issue the order of preventive suspension,” the Sandiganbayan stated.
The ruling follows the court’s October 9 denial of motions challenging an earlier September 1 decision, which permitted the amendment of criminal charges and the removal of former Public Works Secretary Manuel Bonoan from the case.
Estrada’s camp had argued against the suspension, noting he has been detained at the New Quezon City Jail since June 1, 2026, and is already serving a separate 90-day suspension issued by the Second Division on June 22, 2026.
However, the prosecution maintained that current detention and concurrent suspensions do not exempt an official from mandated preventive measures.
Agreeing with the prosecution, the Fifth Division underscored that the law does not require proof that an accused will tamper with evidence to trigger a suspension.
“The Supreme Court has already stated that such arguments are not new and have been advanced and rejected in earlier cases,” the court noted.
“When the statute is clear and explicit, there is hardly room for any extended court ratiocination or rationalization of the law,” it added.
The resolution has been forwarded to the Senate leadership for immediate implementation, with the court requesting an action report within five days. Associate Justice Zaldy Trespeses penned the ruling, concurred in by Associate Justices Maryann Corpus-Mañalac and Gener Gito.
