DE VENECIA, JR., et.al.

, vs SANDIGANBAYAN

G.R. No. 130240

February 5, 2002

FACTS: Congressman Ceferino S. Paredes, Jr. of Agusan del Sur was indicted for violation of
Section 3 (e) of Republic Act 3019 or The Anti-Graft and Corrupt Practices Act, as amended in an
Information docketed Criminal Case No. 18857 dated March 12, 1993 and filed at the
Sandiganbayan. After the accused pleaded not guilty, the prosecution filed a “Motion to
Suspend the Accused Pendente Lite” wherein the Sandiganbayan granted the motion and
ordered House Speaker Jose C. de Venecia, Jr. to suspend the accused but the House Speaker
did not comply. The Speaker then filed a motion for reconsideration invoking the rule on the
separation of powers and claimed he can only act as may be dicatated by the House. The
Sandiganbayan declared Speaker Jose C. de Venecia in contempt of court and ordering him to
pay a fine of P10,000.00 within 10 days from notice.

ISSUE: WON The Sandiganbayan may cite in contempt the suspension of the Speaker of the
House of Representatives for refusing to implement the preventive suspension order it issued.

HELD: The suspension for Anti-Graft law is mandatory, it is imposed by the court not as a
penalty but as a preventive measure to avoid and prevent the accused public officer from
influencing witnesses and tampering with evidence. On the other hand, the suspension or
expulsion contemplated in the Constitution is a House-imposed sanction against its members
and a penalty for disorderly behaviour to enforce discipline, maintain order in its proceeding, or
vindicate its honor and integrity. “The order of suspension prescribed by R.A. 3019 is distinct
from the power of Congress to discipline its own ranks under the Constitution.” As stated in
Santiago vs. Sandiganbayan, et.al. It is noted that the term of Congressman Ceferino Paredes,
Jr. expired on June 30, 1988. Since there is no use sanctioning the accused of suspension if his
term in office has already ended the case is rendered moot and academic.