Can a senator criminally charged with plunder be suspended from office?
By motion. In the litigated criminal case in the Sandiganbayan. (that is, after the Information or formal criminal charge is filed in the Sandiganbayan. After arrest. After arraignment. A senator’s detention prevents him/her only from physically attending, but you could say that technically, he/she is not necessarily legally suspended from office without any order from the court or a body with jurisdiction).
After motion, the other party may oppose. There will be a hearing on the motion. Then the court will grant or deny or dismiss the motion. If the court grants the motion, it will serve the order on the Senate.
(Can the Senate do this thru proceedings in its ethics committee? The Senate is free and authorized to conduct its own proceedings. But this is separate and distinct from the plunder case, it is not part of the plunder case, it is not the ancillary remedy contemplated by law in the plunder case.)
The Ombudsman has promised, under oath (during the budget hearing) that she will complete the preliminary investigation inside of a year.
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