### Facts:
1. **Initial Complaints**: A group of employees from the Commission of Immigration and Deportation (CID) alleged that then-CID Commissioner Miriam Defensor-Santiago violated the Anti-Graft and Corrupt Practices Act.
2. **Investigation and Filing of Informations**: An investigating panel constituted by the Deputy Ombudsman for Luzon completed an investigation and referred the case to the Office of the Special Prosecutor (OSP) and the Ombudsman. The Ombudsman directed the filing of appropriate informations on 26 April 1991. By 13 May 1991, three informations were filed before the Sandiganbayan.
3. **Criminal Cases Filed**:
– **Criminal Case No. 16698**: Santiago was accused of approving the legalization of stay for several aliens in violation of an Executive Order.
– **Two other cases**: Both filed with the Regional Trial Court of Manila, one for violation of Presidential Decree No. 46 and another for libel.
4. **Arrest and Bail**: The Sandiganbayan issued an arrest order with bail set at P15,000. Santiago posted cash bail and was granted provisional liberty due to injuries from a vehicular accident.
5. **Multiple Legal Motions and Petitions**: Santiago filed various motions and petitions, including requests for cancellation of her cash bond, petitions for certiorari and prohibition (which included temporary restraining orders), and motions to quash informations and to inhibit Sandiganbayan Presiding Justice Garchitorena.
6. **Expanded Information**: On 7 December 1992, the OSP and Ombudsman filed a motion to admit 32 amended informations, which was denied and then consolidated into one information under Criminal Case No. 16698.
7. **Preventive Suspension Order**: In response to a prosecution motion on 31 July 1995, the Sandiganbayan issued an order on 25 January 1996, suspending Santiago from her position as Senator for 90 days.
8. **Challenge to Preventive Suspension**: Santiago contested the preventive suspension order to the Supreme Court.
### Issues:
1. **Jurisdiction and Authority**: Did the Sandiganbayan have the authority to order the preventive suspension of an incumbent Senator?
2. **Scope of Suspension**: Does Section 13 of Republic Act No. 3019 apply only to the specific office where the alleged offenses were committed or to any government office held by the accused?
3. **Pre-Suspension Hearing Requirements**: Are there specific procedural requirements that need to adhere during a pre-suspension hearing?
### Court’s Decision:
#### Resolution of Issues:
1. **Authority of Sandiganbayan**:
– The Supreme Court affirmed the Sandiganbayan’s authority to issue a preventive suspension order, noting the statute’s clear mandate for such actions regardless of whether the official is appointive or elective.
– Cited Section 13 of Republic Act No. 3019 and jurisprudential support (e.g., Segovia vs. Sandiganbayan) upholding mandatory suspension upon determination of valid information.
2. **Scope of Suspension**:
– The Court held that the term “office” in Section 13 does not restrict the suspension to the specific office implicated by the alleged acts but extends to any public office held by the accused.
3. **Pre-Suspension Hearing**:
– The Court declared there is no fixed rule on pre-suspension hearings but emphasized the necessity of giving the accused an adequate opportunity to challenge the validity of the criminal proceedings.
– The suspended official is entitled to refute the allegations, invoke due process violations, or present motions to quash the information based on legal provisions (Rule 117, Rules of Court).
### Doctrine:
– **Mandatory Preventive Suspension**: Preventive suspension under Section 13 of Republic Act No. 3019 is mandatory upon filing of a valid information against a public official, regardless of their current office or the specific office where the offense was allegedly committed.
– **Jurisdiction Over Legislative Members**: The authority to order preventive suspension extends to members of Congress and is independent of Congress’s internal disciplinary powers under the Constitution.
### Class Notes:
1. **Section 13, Republic Act No. 3019**: Mandates suspension of any public officer indicted for graft and corruption until acquitted.
2. **Operation of Suspension**: Applies to any office held by the public officer, not limited to the specific office implicated by the charges.
3. **Pre-Suspension Hearing Rights**: Provides officials a fair opportunity to challenge the criminal proceedings’ validity.
4. **Judicial Review on Authority Exercise**: The Court may intervene only upon a clear showing of abuse of discretion by other government branches.
### Historical Background:
This case arose in the early 1990s, a period marked by heightened focus on combating graft and corruption in the Philippines following the culmination of the Marcos regime. The Anti-Graft law was being stringently applied to hold public officers, including high-profile legislators, accountable for their actions. The preventive suspension mechanism under the law represented part of broader efforts aimed at ensuring governmental integrity and public trust.
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