Sandiganbayan suspends Uswag’s Ang for 90 days

ILOILO CITY — The Sandiganbayan Sixth Division has ordered the preventive suspension of Uswag Ilonggo Party-list Rep. James “Jojo” Ang Jr. for 90 days while criminal proceedings in his graft cases remain pending.

In a resolution promulgated Sept. 21, the court ordered Ang’s suspension pendente lite, or pending litigation, from his post as a member of the House of Representatives.

Ang faces 14 counts of alleged violations of Section 3(h) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, over an alleged financial interest in Allencon Development Corp., a construction firm that secured Department of Public Works and Highways contracts.

Prosecutors alleged that Ang retained a direct or indirect financial interest in Allencon, which obtained about PHP 214 million in DPWH contracts and received nearly PHP 199 million in payments while he was serving in Congress.

During a Sept. 1 hearing, the court directed Ang to explain why he should not be preventively suspended while the cases were pending.

In his manifestation of compliance, Ang argued that preventive suspension was unwarranted because his alleged financial or pecuniary interest in Allencon, which forms part of the charges against him, no longer existed.

He also argued that the alleged violation of Section 3(h) of RA 3019 was not a continuing offense.

The Sandiganbayan, however, found that the requirements for preventive suspension under Section 13 of RA 3019 had been met.

Section 13 provides for the suspension of an incumbent public officer facing prosecution under a valid information for offenses covered by the anti-graft law, while Supreme Court rulings have held that such preventive suspension is mandatory once the validity of the information is upheld.

The Supreme Court has also held that preventive suspension under the provision is not a penalty and is generally limited to a maximum of 90 days.

The court noted that Ang had earlier challenged the validity of the informations through a motion to quash, including questioning the Sandiganbayan’s jurisdiction over the cases.

The Sixth Division denied Ang’s motion to quash and his bid to consolidate the cases in resolutions dated Aug. 24, ruling that the court had jurisdiction and that consolidation was unwarranted.

Ang subsequently entered pleas of not guilty in graft cases stemming from the DPWH contracts.

The court said any remaining objection to the validity of the informations was deemed waived.

The Sandiganbayan said the law requires preventive suspension once the requisites under Section 13 of RA 3019 are established.

The suspension will automatically be lifted upon the expiration of the 90-day period.

The Sixth Division also handles malversation and related charges linked to an alleged PHP 289 million flood-control project in Naujan, Oriental Mindoro, involving former Ako Bicol Party-list Rep. Zaldy Co and other accused.