7/27/2019 Rep. Paredes vs. Sandiganbayan

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Political Law Suspension of a Member of Congress RA 3019

FACTS: On 23 Jan 1990, Gelacio, the then vice mayor of San Francisco, Agusan delSur filed a case against Paredes (who was then the governor of the same province),

Atty. Sansaet (counsel of Paredes), and Honrada (the clerk of court). The threeallegedly conspired to falsify a copy of a Notice of Arraignment and of the Transcript ofStenographic Notes. Gelacio claimed that, in fact, no arraignment has ever beenissued against him in a criminal proceeding against him. Gelacio was able to producea certification from the judge handling the case himself that the criminal case againsthim never reached the arraignment stage because the prosecution was dismissed.

Atty. Sansaet on his part maintained that there was indeed a Notice of Arraignment buthe later retracted his testimonies. Paredes claimed that Sansaet only changed his sidebecause of political realignment. Subsequently, the Office of the Ombudsmanrecommended that Paredes et al be charged with Falsification of Public Documents.Paredes appealed but was eventually denied by the Sandiganbayan.

ISSUE: Whether or not Paredes, now a member of Congress, be suspended by orderof the Sandiganbayan.

HELD: The Supreme Court AFFIRMED the order of suspension of CongressmanParedes by the Sandiganbayan, despite his protestations on the encroachment by thecourt on the prerogatives of congress.The SC ruled:

x x x. Petitioners invocation of Section 16 (3), Article VI of the Constitution

which deals with the power of each House of Congress inter alia to punish itsMembers for disorderly behavior, and suspend or expel a Member by a vote oftwo-thirds of all its Members subject to the qualification that the penalty ofsuspension, when imposed, should not exceed sixty days is unavailing, as itappears to be quite distinct from the suspension spoken of in Section 13 of RA3019, which is not a penalty but a preliminary, preventive measure, prescindingfrom the fact that the latter is not being imposed on petitioner for misbehavior asa Member of the House of Representatives.

Rep. Ceferino Paredes Jr. vs Sandiganbayan (#1 - 4th Batch)