Will Estrada be removed from office? Lawyer says disqualification penalty appealable

(CNN PHILIPPINES) Metro Manila (CNN Philippines, January 19) — The camp of Senator Jinggoy Estrada said the lawmaker will carry on with his duties as they plan to appeal the court’s decision to temporarily disqualify him from holding public office after being found guilty of direct and indirect bribery.

“It’s part of the penalty imposed, but it is not yet final. Because we still have legal remedies to file a reconsideration or appeal so it is not yet executory and final. We can still go to office,” Alexis Abastillas, Estrada’s legal counsel, told CNN Philippines’ The Source.

The Sandiganbayan on Friday acquitted Estrada of plunder in the multimillion-peso scandal involving discretionary funds for pet projects of lawmakers. However, he was found guilty of direct and two counts of indirect bribery defined under the Revised Penal Code.

Aside from around 8-9 years of prison time and a ₱3 million fine, the court imposed a penalty of “special temporary disqualification, and the accessory penalties of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage” for direct bribery.

Estrada was also sentenced to face around 2-3 years in prison for each count of indirect bribery, as well as “to suffer the penalties of suspension and public censure, with the accessory penalties of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage,” the decision read.

In a separate interview, Estrada said he will ask his lawyers to exhaust all remedies in relation to this case.

Lawyer Rico Domingo, former president of the Philippine Bar Association, told CNN Philippines that the Senate has the option to take jurisdiction of the bribery cases and vote to suspend or expel Estrada due to disorderly behavior.

In a statement, Senate President Juan Miguel Zubiri emphasized that his colleague has the right to exhaust all remedies available under existing laws.

“He can still file a Motion for Reconsideration with the Sandiganbayan; he can still file an appeal by certiorari with the Supreme Court,” Zubiri said. “Until and unless the decision becomes final and executory, Sen. Jinggoy is duty-bound to continue performing his functions as Senator of the Republic.”