DRILON NA BABOY NAGMAMAGALING... KAPAG MAY KASON NG NAISAMPA SA UMBUDSMAN TUMAHIMIK NA KAYONG MGA TRYING HARD PARA SUMIKAT...HAYAAN NATIN ANG KORTE ANG MAGSASABI KUNG MAY NANGYAYARI NGANG DAYAAN SA MAKATI... NGAYON BAKIT HINDI NYO IMBESTIGAHAN SI DRILON SA PROJECT NYA SA ILOILO NA HALOS PAREHO LANG DIN ANG PRICE... MAKATI VS ILOILO DI NAGKAKALAYO ANG PRESYO... DI OVERPRICED DIN PALA YUN... GARAPALAN NA DRILON... SC has power to stop Senate probe vs Binays, says Macalintal, disputing Drilon By: Brian Maglungsod, InterAksyon September 28, 2014 5:56 PM InterAksyon The online news portal of TV5 MANILA - Contrary to the view of the Senate President, the Supreme Court is vested with authority to stop the ongoing Senate inquiry into alleged overpricing at the Makati City Hall Building 2, veteran election lawyer Romulo Macalintal said Sunday. Macalintal said Section 2, Article VIII of the Constitution gave the SC the power to determine if any branch of the government has acted with grave abuse of discretion amounting to lack or excess of jurisdiction. “Senate President Franklin Drilon in a press statement said that the Supreme Court “cannot stop the Senate from inquiring into any matter or issue under the principle of the separation of powers (and) he could not recall any instance where the high court stopped a Senate inquiry.” With due respect, I beg to disagree,” Macalintal said. There is jurisprudence on the subject, said Macalintal. In Bengzon vs Senate Blue Ribbon Committee in 1991, the High Tribunal stopped the Senate panel from compelling the petitioners to testify before it and produce evidence in the course of their investigation, according to Macalintal. In that jurisprudence, Macalintal said, the SC made it clear that the power of the Senate and the House of Representatives “to conduct inquiries in aid of legislation is not absolute or unlimited,” as it found that the said “contemplated inquiry is not really ‘in aid of legislation.’ He added that the SC also ruled that when a case is already pending before the Sandiganbayan, the same issue cannot be investigated by the Senate. The reason: it could result not only in conflicting judgments between the legislative committee and the courts, but also the possibility of the lawmakers influence being made to bear on the final judgment of the Sandiganbayan. The Senate allowed the inquiry to proceed at the behest of Sen. Antonio Trillanes IV even after a case for plunder had been filed against the Binays by private parties before the Ombudsman. As to the legal standoff between the Binay father and son - Vice President Jejomar Binay and Mayor Junjun - and the Senate Blue Ribbon subcommittee, Macalintal had this unsolicited advice: do not rush to elevate the matter to the SC to seek relief. The better remedy right now is for them to file a motion for reconsideration before the entire Senate Blue Ribbon Committee, since the subcommittee that spearheaded the probe on the alleged corruption is composed of only three senators—Aquilino “Koko” Pimentel, Antonio Trillanes IV and Alan Peter Cayetano. Earlier, a lawyer for Mayor Junjun Binay said their camp was seriously contemplating the possibility of filing a petition before the SC after the Senate subpoenaed the mayor to a hearing last Sept. 25, which he did not attend. The mayor attended the first subcommittee hearing, but the Binay camp said he was treated shabbiliy because their accusers are not really interested in the truth. Trillanes and Cayetano have been accused by the Binays of using the Senate to further their political ambitions for higher office in 2016 by flagging corruption allegations against the Vice President during his mayorship of the premier financial center. interaksyon/article/96281/sc-has-power-to-stop-senate-probe-vs-binays-says-macalintal-disputing-drilon
Posted on: Mon, 29 Sep 2014 00:46:11 +0000
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