Sen. Edgardo Angara, the committee chairman, said however that the absence of the six senators would not matter as the hearing would definitely push through tomorrow at 10 a.m.
"My committee has already legally acquired jurisdiction over the PCSO investigation," he explained yesterday. "We will conduct the hearing because it is both proper and legal."
In a letter to Angara, Senators Joker Arroyo, Renato Cayetano, Francis Pangilinan, Robert Barbers, John Osmeña and Ramon Revilla cited the journal of the Oct. 8 session which stated that the Senate in plenary deferred and held in abeyance the referral of Resolution 161 to Angara’s committee.
The resolution, signed by all 11 senators with the minority, sought the investigation of reports that upon the initiative of the First Gentleman, the PCSO diverted its advertising budget for the election campaign of four administration candidates for senator. The resolution, as well as the privilege speech of Sen. Panfilo Lacson on the same subject, was referred to Angara’s committee.
Sen. John Osmeña moved for a reconsideration of the referral, and sought the transfer of the investigation to the Blue Ribbon Committee headed by Sen. Joker Arroyo. The consideration of that motion, however, was deferred.
"We cannot attend nor can we participate in the committee hearing you called for because to do so would be to participate in proceedings which are without plenary authority," the six majority senators wrote Angara.
The 11-member committee has six majority and five minority members.
Angara dismissed this interpretation of what transpired in the Oct. 8 session. He contended that what was deferred in that session was the motion for reconsideration of Osmeña, and not the referral to his committee.
"A journal cannot take the place of the minutes of the session. A journal can be corrected by any senator without any question from us, but the minutes cannot. If it was the referral that was meant to be held in abeyance, then we would have objected," Angara said.
He said that PCSO officials and former PCSO consultant Robert Rivero would attend tomorrow’s hearing. Rivero has already submitted to Angara documents purporting to show the alleged diversion of PCSO funds for partisan, political purposes.
There were reports that the First Gentleman would not be able to attend because he would be going to Shanghai for the Asia-Pacific Economic Conference summit as escort of President Arroyo.
Angara, however, said that he still has to hear directly from Mr. Arroyo.
"Mr. Arroyo should explain to us if he could not attend, instead of making announcements through the media," Angara said.
Earlier, Angara has vowed to carry out a "fair, transparent and non-partisan inquiry" on the use of PCSO funds and on the alleged involvement of Mr. Arroyo.
In a related development, Ombudsman Aniano Desierto threatened to cite former PCSO consultant Robert Rivero for contempt if the witness continues to ignore summons issued by graft probers.
"I told our investigators to cite him in contempt because he twice refused to accept our subpoena," Desierto said. "I have already asked my officers to ask him to explain why he should not be cited."
Graft probers are looking into allegations made by Rivero that the First Gentleman utilized PCSO funds to promote four administration senatorial bets in last May’s national polls. – Efren Danao, Aurea Calica, Delon Porcalla