‘Pork’ probe ‘gagged’ Guingona Assails Drilon, De Lima For ‘Undermining’ Senate Blue Ribbon Authority by Hannah Torregoza September 25, 2013 (updated) Manila, Philippines – Senator Teofisto “TG” Guingona III, visibly irked by what he described as an attempt to undermine the authority of the Senate Blue Ribbon Committee to investigate, denounced yesterday attempts to gag and bar witnesses in the P10-billion pork barrel scam as he assailed Justice Secretary Leila de Lima for her failure to produce the whistleblowers by invoking the rules of the Ombudsman, an agency she does not belong to. He also took issue with Senate President Franklin Drilon’s move to ask the opinion of the Ombudsman regarding the Senate’s issuance of a subpoena for businesswoman Janet Lim Napoles. Senate Power Supreme “The power of the Senate is Supreme. Hindi pwedeng kunin ang opinion ng ibang sangay ng gobyerno na pwedeng makialam dito. Hindi puwede. So hindi ko tatawagin (ang Ombudsman) sapagkat hindi ako naniniwala, at hindi ako sangayon na dapat hingin ang opinion ng Ombdusman,” an irate Guingona stressed. (The Senate should not ask the opinion of another government agency who might interfere in its affairs. So I will not call on the Ombudsman because I do not believe, and I do not agree that there is a need to solicit the opinion of the Ombudsman.) Without Napoles and the whistleblowers, Guingona had to suspend the inquiry into the P10-billion pork barrel scam. Guingona started blowing his top when De Lima appeared before the Senate Blue Ribbon Committee, which he chairs, without Benhur Luy, Gertrudes Luy, Marina Sula, Merlina Suña and other whistleblowers despite her manifestation before the panel to bring them. “Gagged, Barred” “When witnesses are gagged and barred from appearing before the Senate Blue Ribbon Committee and a subpoena for a vital resource person remains unsigned, I, as chairperson of the Blue Ribbon Committee, am duty-bound to defend the rules of the Senate and most importantly, to defend the Senate’s power pursuant to the Constitution,” Guingona said in a statement. De Lima tried to explain that she was just deferring consent for the appearance of the whistleblowers until the Office of the Ombudsman has issued an opinion on the Senate committee’s request to subpoena Napoles to the public hearing. Monday afternoon, Drilon wrote a letter to Ombudsman Conchita Carpio Morales asking her to comment on Guingona’s request for the issuance of a subpoena duces tecum/ad testificandum for Napoles to appear before the committee’s hearing. Defending her position, De Lima even cited Section 2, Rule 5 of the Omnibus Rules of Procedure of the Ombudsman, stating that prior to such final action “meaning a final action on the complaint” filed before the Office of the Ombudsman, “no publicity shall be made of matters of which may adversely affect national security or public interest, prejudice to safety of witnesses or the disposition of the case or unduly expose persons complained versus juridical or public censure.” But Guingona shot down De Lima’s argument, saying the DOJ has no power to invoke rules of the Ombudsman before the Senate panel. “You do not have the power to invoke the rules of the Ombudsman simply because you’re not the Ombudsman,” Guingona told De Lima. Legal Jurisprudence “Number two, the Ombudsman is not at issue here, she has not been summoned, she has not appeared voluntarily. Number three, the power of the Senate Blue Ribbon Committee is found in the Constitution and in jurisprudence. Several cases have been held that the Senate Blue Ribbon Committee has the power to compel people to come to the legislative investigation, citing Arnault vs Nazareno; Gordon vs Sabio and “there is a case in point, the case of Pimentel, the father of Sen. Koko Pimentel, si Nene Pimentel when he was the Blue Ribbon chairman, Pimentel vs Judge Majaducon.” In the Pimentel case, there was a case in the Ombudsman and a Regional Trial Court (RTC) issued a restraining order… “kasi sabi ng court uy Senado, Senate Blue Ribbon hindi mo pwedeng imbestigahin yan dahil may kaso sa Ombudsman, sabi ng SC hindi sapagkat yung kaso sa Ombudsman ay hindi pa kaso sa korte,” he pointed out. (the lower court said Senate, Senate Blue Ribbon Committee you can’t investigate because there is a case in the Ombudsman, but the Supreme Court rejected the lower court’s stand, saying what’s in the Ombudsman is not yet a case filed in court.) No Encroachment “So there was no encroachment in a separate branch of government. And therefore, the power of the Senate Blue Ribbon Committee was upheld,” Guingona said. Guingona likewise took to task De Lima for allowing Luy to discuss details of the alleged “racket” in media interviews but not to the Blue Ribbon Committee. “And what you have done is unprecedented – unprecedented! And in my view you have attempted to undermine and diminish the power of the Senate Blue Ribbon Committee, I’m very, very disappointed and I do not agree with your stand! I am, therefore, issuing a subpoena for you, directed to you, to have the whistleblowers appear before the Senate Blue Ribbon Committee on Thursday 10 o’clock in the morning. This hearing is suspended!” Guingona bellowed before leaving the Senate session hall. In a press briefing after the hearing, Guingona admitted that apart from being surprised, he was also very disappointed with Drilon for seeking out the opinion of the Ombudsman on the matter of issuing a subpoena to Napoles. manila bulletin EXPLAINING HER VIEW – Justice Secretary Leila De Lima (right) talks to Senate Blue Ribbon Committee Chairman Teofisto Guingona III before the start of the panel’s inquiry into the alleged P10-billion pork barrel scam. (Bob Dungo Jr.) “Yes, I didn’t see that coming and I was surprised this morning that that was the action taken,” Guingona said. “And on that matter, I would have to state that I do not agree totally. I totally disagree with the action of the Senate President on that matter… Mali yun sa pananaw ko at hindi dapat ginawa iyon (That is wrong, in my opinion, and that should not have been done),” Guingona said. Guingona also stressed there is no need to get the Ombudsman to appear before the committee to explain her side. Guingona Warning If the Senate Blue Ribbon Committee fails to assert its authority to investigate, Guingona warned other public officials would find it more convenient to use the Ombudsman as an excuse to avoid public scrutiny. “Ang mangyayari niyan kung di natin i-aasert ang kapangyarihan ng Senate Blue Ribbon Committee, sasabihin lang ng tao, mag-file ka ng kaso sa Ombudsman, once may kaso ka na sa Ombudsman hindi ka na pwedeng galawin ng Senate Blue Ribbon Committee. Di ko papayagan ‘yan, mali yun. At hindi dapat yan. Lalong lalo na under my watch. That will never happen!” he said. (What will happen if we won’t assert the authority of the Senate Blue Ribbon Committee is people will say, just a file a case in the Ombudsman and the Senate panel can’t touch you anymore. But I won’t allow that to happen, especially under my watch, as that is wrong.) Asked if he has the support of majority of his colleagues, Guingona said he believes he is backed by the people who are avidly searching for truth. People’s Support “Suportado ako ng taumbayan, sapagkat ang taumbayan ay naghahanap ng katotohanan. Katungkulan ko lang ito, ginagawa ko lang ang trabaho ko. (I am supported by the people because the people are searching for the truth. I am just doing my job). And I will be betraying the trust imposed on me by the people of the Philippines, if I do not stand up for the institution of the Senate Blue Ribbon Committee and this institution called the Senate of the Philippines,” he said. Asked if he has any plans to discuss the matter with Drilon, Guingona said there is no need since he is already publicly stating he will issue a subpoena for Napoles, Luy and the rest of the witnesses. “There’s no need! No need! No need! He has his prerogatives, I have my duty,” Guingona reiterated. mb.ph/pork-probe-gagged/
Posted on: Wed, 25 Sep 2013 04:09:17 +0000
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