FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Under the principle of separation of powers, the judicial branch has no power under our 
constitution to suspend a member of the legislative branch. Such an act is a diminution of the 
constitutional principle of interdepartment courtesy, malting it unconstitutional and void. If 
Congress is to be effective in the discharge of its legislative function, its independence should be 
preserved. 
This is the reason why the Constitution explicitly provides that Congress has the 
exclusive privilege of ensuring the orderly behavior of its members. Article 6, Section 16, 
paragraph 3 states: 
“Each House may ... with the concurrence of two-thirds of all its members 
suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed 
sixty (60) days.” 
Since only Congress has the power of punitive suspension, it then follows that only 
Congress has the power of preventive suspension. 
The broad language of R.A. No. 3019 (The Anti-Graft and Corrupt Practices Act) section 
13 does not justify a construction that will clash with this accepted constitutional principle. For 
this reason, there is a need to amend it to malte sure that the principle of separation of powers is 
preserved and protected.* 
* This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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SENATE 
S.B.NO. 1309 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING REPUBLIC ACT NO. 3019, OTHERWISE KNOWN AS THE ANTI-GRAFT 
AND CORRUPT PRACTICES ACT, SECTION 13, 
ON ITS NON-APPLICATION TO IMPEACHABLE PUBLIC OFFICERS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Republic Act No. 3019, Section 13 is hereby amended to read as follows: 
"Section 13. Suspension and Loss of Benefits. - Any incumbent public officer, 
EXCEPT: OFFICERS WHO MAY BE REMOVED ONLY BY IMPEACHMENT; 
MEMBERS OF CONGRESS; AND MEMBERS OF THE SUPREME COURT AND 
COURT OF APPEALS; against whom any criminal prosecution under a valid 
information under its Act or under the provisions of the Penal Code on bribery is pending 
in court, shall be suspended from office. Should the accused be convicted by final 
judgment, heishe shall lose all retirement or gratuity benefits under any law, which heishe 
failed to receive during hisiher suspension, unless in the meantime administrative 
proceedings have been filed against hidher. 
SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instniction, administrative order, d e  or regulation contrary to, or inconsistent 
with, the provision of this Act is hereby repealed, modified or amended accordingly. 
SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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