MANILA, Philippines - To pursue or not to pursue.
The questions in technicality of the inquiry being set by Sen. Miriam Defensor-Santiago on the powers vested on resigned Undersecretary Rico Puno at the Department of Interior and Local Government (DILG) has placed senators in a dilemma on whether they should attend Friday's inquiry at the Senate.
Sen. Panfilo Lacson echoed the opinion of Senate President Juan Ponce Enrile on some issues that may hound Santiago’s hearing since she was conducting the inquiry without filing a resolution or the benefit of a privilege speech.
“Ang problema roon, maliwanag ang rules na kailangan may resolution or privilege speech, then subsequently may referral sa committee. It is not one chairman deciding to refer to his or her committee kung ano man ang issue ang na-raise sa floor. Ang nagre-refer, ang buong Senate,” Lacson said.
Lacson also foresees a problem on the compelling powers of a senator once the invited resource persons opt not to attend the hearing.
“But it is only the SP (Senate President) who can sign the subpoena,” Lacson noted, adding that the Senate as a whole can decide on whether or not to cite a resource person for contempt.
Sabotage?
On the eve of the Senate probe, Santiago said in a media statement that she fears that her hearing will be “sabotaged” for lack of quorum and the absence of Puno.
Santiago said not a single senator is available for Friday’s hearing and that “many gave as an excuse that they would be out of town” when her staff contacted the 11 members of the Senate committee on constitutional amendments.
Santiago told the media that if there is no quorum, this can only mean that the senators have been ordered by Malacañang to stay away.
“If it happens, such a deliberate boycott will indicate that even my fellow senator who are members of my committee do not support my initiative. I will certainly raise a protest, but I’m thinking at the moment of what form my protest will take,” Santiago said.
Puno, who is the target of the probe himself, has not yet confirmed that he will attend.
A few days ago, Puno reportedly told media that he had not yet received his invitation, but Santiago’s staff said that all invitations were sent last Monday, September 10.
The invitation specifically warns that if the committee deems as necessary the testimony of the resource person, if he is absent, then the committee will issue a subpoena, which is compulsory.
Since Puno is expected to snub the hearing, Santiago noted that if the committee decides to issue a subpoena to Puno, Senate President Juan Ponce Enrile will still have to sign the subpoena.
“If the Senate President refuses to sign he subpoena, in effect, he will disapprove the committee recommendation, which is not normal,” she said.
Santiago said that if Puno is absent, “then it will show that he is a craven coward, that all charges against him are probably true, and that he is thumbing his nose at the Filipino public.”
Santiago said that even if Puno will claim that he does not want to answer questions because he might incriminate himself, that is no excuse for being absent.
“He has to be present and invoke the privilege for every question. That is not a ground for an omnibus refusal to answer all questions or to be absent,” she said.
Santiago’s office, however, issued a media advisory Thursday afternoon that several invited resource persons have said that they will attend the hearing.
These are: Environment Secretary Ramon Paje; Justice Sec. Leila De Lima;; NAPOLCOM Vice Chair and Executive Officer Eduardo U. Escueta; retired Archbishop Oscar V. Cruz; PNP Chief Director General Nicanor Bartolome; Deputy Director General Emelito Sarmiento, PNP Bids and Awards Committee Chairman, gun supplier Reynaldo C. Espinelli; Senior Superintendent Oliver Tanseco.
Other invited persons who have confirmed attendance are Senior Superintendent Joel Pagdilao, Deputy Director of Operations, Quezon City Police District; Ms. Jocelyn Jose, Trust Trade and Glock Asia Pacific; DILG Special Assistant Isoceles P. Otero and Major General Renato Miranda, Anti-Illegal Logging Task Force Head.