E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL
DEMAREE J.B. RAVAL
Senator Stonewall
Sunday, 06 01, 2003
“Stonewall” means “to oppose an investigation by a policy of obstruction.” This was how the Tribune aptly described the maneuver by which the chairman of the Senate blue ribbon committee prevented himself from investigating the alleged extortion and bribery attempt on a German investor perpetrated by some people close to the Palace, in relation to the takeover of the NAIA 3 project.
Just when we thought the senator had already given in to the superior arguments of the opposition in the Senate calling for an immediate probe, and that he finally realized the real distinction between “exercise the jurisdiction” (which sets everything in motion) and “admissibility of evidence” (which is inevitable once the committee exercises its jurisdiction), here he comes again with a new and unreasonable demand: That he has to first go over the affidavits of the witnesses offered by Sen. Ed Angara, and only if he is convinced of their admissibility will he proceed to conduct the public hearing.
The senator needs to be reminded that it has been 25 days since Angara delivered his privilege speech and the referral made to the blue ribbon. The Senate Rules require the chairman of the blue ribbon to convene the committee to make preliminary determination within 5 days from referral. Records show that no such meeting has ever been convened. The Rules vest in the entire membership of the committee the duty to make a preliminary determination. The chairman has no authority to alone make that determination.
Angara describes his witnesses “very significant.” That should be enough for the blue ribbon to conduct the investigation, coming as it does from a senator who has offered the witnesses on his own responsibility. Requiring the witnesses to come forward without any guarantee that an investigation will be conducted smacks of a fishing expedition in reverse: the affidavits of the witnesses could all be thrown out, on the say-so of the chairman who was averse to any hearing from the very start, and Angara will then be left with no evidence. The practice since time immemorial is for the committee to convene for a public hearing, and in the course of the hearings witnesses of all persuasions and hues can come forward.
The chairman insists on his skewed “Fruit of the poisoned tree” theory, that is, that the testimony of the witnesses, to be allowed, must not have any relation to the contents of the wiretapped conversation the transcript of which was published in the Tribune. According to him, anything that emanates from, or has any relation to the tapped conversation is inadmissible. This would only be true if the object of the hearings were toward a criminal indictment, for then the technical rules of evidence definitely would have to be observed.
The senator misses the whole point. The blue ribbon is not going to investigate to establish the culpability of anyone identified to have participated or was mentioned in the tapped conversation; it will investigate with the end in view of crafting remedial legislation. The technical rules of evidence need not be observed. The blue ribbon will investigate to what extent the Build-Operate-Transfer Law (BOT) or the Anti-Graft and Corrupt Practices Act, or the Anti-Wiretapping Act, or other laws, have been violated and how best these laws can be amended, given the circumstances of the extortion and bribery attempt. Atty. Liwayway Chato, for example, in claiming she is familiar with the voices in the tape, while incidentally identifying those engaged in the conversation, would be important as a witness, not to indict those identified, but to help the Senate formulate an amendment to the Anti-Wiretapping Act related to the extent and conditionalities of allowable use of wiretapped conversations. Similarly, her testimony would be helpful in formulating remedial legislation on the enumeration of grounds under which a completed BOT project, subsequently declared illegal by the courts, can be acquired by the government and the extent of reparation to the contractor who advanced the costs of construction. In addition, remedial legislation could be crafted to plug loopholes in the Anti-Graft and Corrupt Practices Act, like extending the coverage of the Act to private persons acting alone.
Legislative committees like the blue ribbon definitely can proceed to investigate matters which the Jefferson’s Manual labels as “common fame,” equivalent to what in our jurisdiction is referred to as “one of public interest.” Sen. Arturo Tolentino uttered these words in 1960 when some senators tried to stonewall the investigation by the blue ribbon of the anomalies in the issuance by the Producers Incentives Board of barter permits as reported in the Philippine Herald: “…there are many cases where a senator, in asking for an investigation, may not himself have the proof but he knows where the proof can be obtained and that is why he may invoke the authority of power of the blue ribbon to bring out this proof in the open.” He then proceeded to ask the chairman of the blue ribbon (Sen. Roseller Lim) this question: “Does Your Honor feel that under those circumstances, if a senator merely asks for this action of the committee without concrete evidence yet, the blue ribbon could take cognizance of the matter and proceed to make inquiries at least?” Lim answered: “…I believe that the blue ribbon should investigate.” There Mr. Senator, is the precedent. And, in the present case, Angara even has very significant evidence! Enough of the stonewalling.
Saludo Mayor Soledad Eusebio of Pasig City has an efficient workforce who does her proud and is worthy of emulation. We mention here Baby Quillopo, her executive assistance, whom we personally witnessed to have attended (with a smile that never wanes) to the numerous Pasigueños waiting for their turn to bring their concerns to Mayor Eusebio. We also salute Susan Victorino and Mida Jimenez of the Land Tax Division, both of whom have gone the extra mile in resolving complicated computations of real estate taxes of Pasigueños. Their kind truly gives meaning to the term civil service.
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