WHAT is the role of the Senate Blue Ribbon Committee in the quest for truth and justice in the ongoing investigations for the pork barrel scam? What mandate does it have to fulfill this mission?
These are questions in mind of the general public, as the plot thickens in the continuing saga of the pork barrel scam. On Tuesday’s Senate Blue Ribbon Committee hearing, a showdown ensued between the Legislative and the Executive branches of government in Tuesday’s Senate Blue Ribbon Committee hearing.
As ABS-CBN News reported, committee chairman Teofisto “TG” Guingona III scolded Justice Secretary Leila de Lima “for failing to present additional whistle-blowers in the hearing on the pork barrel scam,” particularly Benhur Luy, Marina Sula, Merlina Suña and Gertrudes Luy.
“This is unprecedented. I did not issue a subpoena because you did tell, may agreement tayo, dadalhin mo. I relied on that representation. I relied on that agreement.”
But the Justice Secretary argued that since plunder, graft and malversation charges have already been filed before the Office of the Ombudsman, “no publicity shall be made of the case, or unduly expose persons complained against to ridicule or public censure.”
Guingona counter-argued that De Lima has no power to invoke the powers of the Ombudsman, noting that what de Lima did was an attempt to undermine the power of the committee.
“Ang layunin natin dito ay para malaman ng taumbayan ang nangyari. Kailangan ipalabas natin,” Sen. Guingona said.
On Monday, Guingona requested Senate President Frank Drilon to subpoena the whistle-blowers, invoking the mandate of the Senate.
Drilon signed a subpoena for the whistleblowers, EXCEPT for Janet Lim-Napoles.
Drilon said he will not approve a subpoena for Napoles after receiving a letter from the Office of the Ombudsman.
In her letter, Ombudsman Conchita Carpio-Morales said: “it would not be ADVISABLE, at this time, for Ms. Napoles to testify before the said Committee on ‘what she knows’ about the alleged scam.”
As ABS-CBN News reported, this “unreasonable treatment” drew the ire of Senator Teofisto “TG” Guingona III, who said it now raises the obvious question: “What is so confidential about Ms. Napoles’ possible testimony that it cannot be made under oath before the Senate Blue Ribbon Committee?”
The operative word in the Ombudsman’s letter is “advisable,” which means, as Guingona pointed out, the Ombudsman DID NOT PROHIBIT the Senate from calling Janet Lim-Napoles.
“While we respect the Ombudsman’s advice, we cannot follow it. The Senate is independent from the Ombudsman. The Senate is not bound by the advice of the Ombudsman,” Guingona said.
This position of Sen. Guingona is supported by Washington D.C.-based Atty. Arnedo Valera, a Fil-Am community leader and Independent Legal Consultant in International Law and Human Rights.
“The Senate can COMPEL these witnesses to appear at any time [in the Senate Blue Ribbon Committee hearings], Valera said.
While Valera acknowledged that the Ombudsman has the mandate to investigate and file criminal cases (including plunder) to the Sandiganbayan, which will then either acquit or convict those charged, the Senate Blue Ribbon Committee has the mandate to conduct its own hearings, especially because the accountability and integrity of its own officers are now being questioned.
He said the Department of Justice (DOJ) nor the Ombudsman could not overstep their boundaries of power to quash the efforts and the mandate given by the Constitution to the Senate, as a co-equal branch of government.
Valera said this is the essence of the separation of power of the three branches of government — so that there will be checks and balances in the government.
Citing Senate Rule X Section 13 (36), Valera explained that the jurisdiction of the committee, otherwise known as “Committee on Accountability of Public Officers and Investigations,” relates to investigation of malfeasance [wrongdoing], misfeasance [wrongful exercise of lawful authority] and nonfeasance [the intentional failure to perform a required duty or obligation] in office by officers and employees of the government branches and agencies.
This would also include any investigation of any matter of public interest on its own initiative or brought to the attention by any member of the Senate.
“Sec. De Lima’s failure to bring Ben and Napoles is a contemptuous act. The Blue Ribbon committee can compel Sec. De Lima to bring the “whistle blowers to testify” before the committee. Let the Blue ribbon committee complete its investigation.”
Valera contended that DOJ Sec. De Lima is wrong when she invoked the so called ‘trial by publicity doctrine” prohibition. “As the Secretary of Justice, she should be guided by constitutional principle of checks and balances and separation of powers”.
Another power that Valera said the Senate Blue Ribbon Committee should invoke is to work with the the Senate Committee on Ethics and Privileges to recommend suspension, or expulsion upon conviction of its own senators.
In social media discussions, many kababayans say lawmakers implicated in the pork barrel scam should either take an administrative leave or be suspended. If they are found guilty, they say these politicians should resign or be expelled from office.
“In order to suspend or expel , you need two-thirds of all its members to suspend or expel a member, “ Valera explained. “The Committee on Ethics and Privileges (Senate Ethics Committee) has exclusive jurisdiction on all matters relating to the conduct, rights and privileges, safety , dignity and integrity and reputation of the senate and its members.”
Valera said there must be a complaint filed before the Senate Ethics Committee for immediate suspension. This, he pointed out, is where the role of the Blue Ribbon Committee is very important.
“The Blue Ribbon Committee has to work hand in hand with the Senate Ethics committee. This should be convened immediately.”
Valera also explained that another avenue to impose suspension and removal is to use the 1991 Anti Plunder Act. Sec. 5, which states that: “Any public officer against whom any criminal prosecution under a valid information under this Act in whatever stage of execution and mode of participation, is pending in court, shall be suspended from office.”
Valera reiterates that the Senate Blue Ribbon and Ethics Committee invoking their power should not to be deemed as “trial by publicity,” as suggested by the DOJ.
He said this mandate is given to the Legislature to make sure that the requirement of the 1987 Constitution on the accountability of public officials is strictly followed.
“Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.”
Valera emphasized that the system of checks and balances among the branches of government has been instituted in a democracy so that “NO institution nor public officials, whom we have entrusted the power to govern, are above the law.”
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Gel Santos Relos is the anchor of TFC’s “Balitang America.” Views and opinions expressed by the author in this column are are solely those of the author and not of Asian Journal and ABS-CBN-TFC. For comments, go to www.TheFil-AmPerspective.com, https://www.facebook.com/Gel.Santos.Relos
