Mayor Binay won't attend Senate probe without list of questions - lawyer

MANILA, Philippines - The lawyer of Makati Mayor Jejomar Erwin Binay on Thursday said his client must first be provided the list of questions to be asked by the Senate Blue Ribbon Sub-Committee probing the alleged overpriced Makati City Hall Building 2 before he attends the hearing.

According to lawyer Claro Certeza, Mayor Binay has the right under law to be informed of the nature of the inquiry as well as the questions to be asked during the hearing.

“We have written earlier before the hearing, na bigyan kami ng questions,” he said.

“Kasi karapatan niya iyon under the law, na alamin kung ano iyong magiging topic of the inquiry. Kung ano iyong mga itatanong,” Certeza added.

Certeza recalled the petition filed before the Supreme Court by former National Economic Development Authority (NEDA) director-general Romulo Neri against the Senate Blue Ribbon Committee.

In 2007, Neri was invited to a joint congressional inquiry on the controversial government national broadband network deal with Chinese state firm ZTE, which he initially attended, but later skipped, invoking executive privilege.

Neri sought to nullify a show cause order and a contempt order issued by the Senate Blue Ribbon against him. The Supreme Court, voting 9-6, ruled in favor of Neri who argued that the questions he was supposed to answer at the congressional inquiry are covered by executive privilege.

Mayor Binay, through Certeza, had also submitted a show cause letter explaining his absence from the Senate probe. He attended one hearing in August, but has since snubbed the succeeding hearings.

The Senate Blue Ribbon Sub-Committee on Wednesday issued separate letters to Mayor Binay and University of Makati president Tomas Lopez ordering them to show cause why they should not be cited for contempt for failing to appear in the Senate hearing last October 30.

Certeza on Thursday wrote the Senate Blue Ribbon Sub-Committee and argued that Mayor Binay and Lopez should not be cited for contempt as the Sub-Committee did not respond to the request that they be first provided with the list of questions to be asked.

“I told the sub-committee na three days before the hearing, we already sent a letter to the sub-committee requesting them to provide Mayor Binay and Professor Lopez with a list of questions na itatanong sa kanila. Karapatan kasi nila ito eh, under the case of Neri vs. Blue Ribbon Committee. The sub-committee did not respond on the request for the list of questions and that is the reason why in this letter of mine, that I filed today, ang sinabi ko lang doon sa letters, is they cannot be cited for contempt because their request has not been acted upon which is their right. So, I am leaving it to the sub-committee to decide but I take the position that they should not be cited for contempt,” Certeza said.

He added that the appearance of Mayor Binay during the scheduled hearings of the Senate Blue Ribbon Sub-Committee would depend on the sub-committee’s decision on the mayor’s request that he be first provided with the list of questions to be asked.

“It depends if the subcommittee will favour us, again, with our request na gusto naming malaman kung ano po ba yung itatanong. Kasi if you remember, si Mayor Binay, sat through an entire hearing already and testified already. Kung mayroon pa silang itatanong, we are asking that these questions be sent to Mayor Binay in advance,” he said.

“In all inquiries, under the all circumstances, it is the right of every resource person or witness to be advised what will be the coverage and what will be the questions,” Certeza added.