IBP slams Senate probe vs Binay

MANILA, Philippines - The Integrated Bar of the Philippines (IBP) yesterday slammed the Senate over its investigation of the alleged corruption committed by Vice President Jejomar Binay.

IBP national president Vicente Joyas said the ongoing probe of the Senate Blue Ribbon subcommittee is no longer true to its mandate of aiding legislation but had become “in aid of election.”

“I am convinced that this is election-related,” he said in an interview.

Joyas said the senators are obviously ganging up on Binay instead of using their investigative powers to address more pressing concerns and needs of the people.

He believes the charges against the Vice President should be left to other investigating bodies – especially since a complaint has been filed with the Office of the Ombudsman.

“There are many other cases they should also investigate, like the Malampaya fund and the corruption in various government agencies,” he stressed.

Joyas said the Senate panel could not force Binay to attend the public hearings because they cannot subpoena the official since they do not have “prosecutory powers.”

“Also, he [Binay] may only be humiliated there or disrespected,” he said, noting the previous probes where several witnesses were “shouted at” and “humiliated.”

According to the IBP president, not even in regular courts could a lawyer shout at witnesses in view of existing guidelines set by the Supreme Court in the 1991 case of Bengzon vs. Blue Ribbon Committee with regard to the conduct of a congressional investigation.

Joyas said some senators have abused their power by treating resource persons as witnesses in a legal proceeding.

“They should be treated with respect as resource persons,” he emphasized.

Joyas was referring to G.R. No. 89914 dated Nov. 20, 1991, in the case of Bengzon vs. Blue Ribbon Committee, where the SC ruled that lawmakers should exercise caution in their probes so as not to violate the constitutionally established rights of “witnesses.”

In the decision, the SC put premium on the Bill of Rights.

“The critical element is the existence of, and the weight to be ascribed to, the interest of Congress in demanding disclosures from an unwilling witness. We cannot simply assume, however, that every congressional investigation is justified by a public need that over-balances any private rights affected. To do so would be to abdicate the responsibility placed by the Constitution upon the judiciary to insure that Congress does not unjustifiably encroach upon an individual’s right to privacy nor abridge his liberty of speech, press, religion or assembly,” ruled the SC.

Presumption of innocence

Sen. Aquilino Pimentel III, chairman of the Senate Blue Ribbon subcommittee, yesterday assured Binay that he will be given presumption of innocence whether or not he attends the next Senate hearing by month’s end on the alleged graft issues in Makati City.

Pimentel told radio dzBB that the subcommittee would invite the Vice President anew today to give him enough time to answer allegations of overpricing in the Makati City Hall Building II.

Pimentel said Binay is given ample time to also answer the allegations on his alleged accumulation of illegal wealth pertaining to a 350-hectare property in Rosario, Batangas.

“When we invited him before, there were serious charges of overpricing and payment of kickbacks and how these were distributed. But now, there are also allegations on the multibillion worth property in Batangas,” Pimentel said, referring to the testimonies of former Makati vice mayor Ernesto Mercado during past Senate hearings.

But Pimentel pointed out that the subcommittee would not think of any “negative presumption of guilt” against Binay whether or not he attends the Senate probe.

“If he will not accede to our invitation, there will be no negative presumption of guilt against him. If he attends, then he has to be placed under oath,” Pimentel said.

Railroading

Meanwhile, detained Sen. Jinggoy Estrada came to Binay’s defense after Justice Secretary Leila de Lima announced that the Department of Justice (DOJ) through the National Bureau of Investigation (NBI) has started the probe against the Vice President and his family.

In a statement issued yesterday by his office, Estrada accused the DOJ of railroading the case against the Binays, which was the same strategy done by the justice department against him and Senators Juan Ponce Enrile and Ramon Revilla Jr. who are also facing plunder charges over the pork barrel scam.

“What the (DOJ) is currently doing against Vice President Binay has already been done to us, the three senators who were the sole targets of the alleged PDAF (Priority Development Assistance Fund) scam investigation,” he said.

Estrada was referring to the probe on the misuse of the PDAF allocations of lawmakers that were diverted to bogus non-government organizations formed by alleged pork scam mastermind Janet Lim-Napoles.

Estrada lamented that the Blue Ribbon subcommittee has been used to demonize the Vice President, just like what happened to him and his colleagues now detained at the Philippine National Police custodial center in Camp Crame, Quezon City.

Estrada also decried the apparent move of the DOJ to target him, Enrile and Revilla and now Binay in its apparent demolition job guised as anti-corruption investigation.

Estrada urged De Lima to channel her resources to acting on the pending cases that need resolution under the DOJ rather than politicking. 

He said there are 79,428 cases that remain unresolved.

“I wonder how many cases are still pending before its offices while it laboriously looks into every detail on the life of the Vice President,” Estrada said, citing for instance, Justice Underseretary Jose Justiniano who has been busy attending to the pork barrel scam cases. – With Christina Mendez