Senate investigations in aid of legislation

Strictly speaking, Senate investigations are conducted in aid of legislation. They are not held to determine whether a person is guilty or not of a crime. If during the course of the investigation, the Senate uncovers evidence that a person is guilty of a criminal offense, then the Senate can recommend the person’s prosecution in court.

Now, the Senate has decided to investigate administrative charges that two of its members – Senators Panfilo Lacson and Luisa "Loi" Ejercito Estrada — have illegally acquired wealth deposited in foreign banks abroad. The whole case started with an exposé by columnist Ramon Tulfo, followed by charges from Col. Victor Corpus, chief of the Intelligence Service of the Armed Forces of the Philippines.

Our point is why are media and the new Senate being used as the venue for these exposés? In the case of Tulfo, the answer is that he is a newspaperman. Still, why didn’t he present his case directly to the Ombudsman? The same thing can be said for Col. Corpus. Wouldn’t his accusations against Senators Lacson and Loi Estrada be much more effective if he made them in a court?

Both accused have categorically denied the charges against them. Senator Lacson said: "I am not maintaining accounts in any of the banks in Hong Kong, Canada and the US, or anywhere in the world except the Philippines." The second co-accused, Senator Estrada, claims that Col. Corpus is riding on publicity instead of hard evidence. So the whole case depends on evidence.

The Senate has every right to investigate two of its colleagues that have been publicly charged with very serious offenses. But we still maintain that the ultimate solution to the Tulfo-Corpus expose is the formal charging of the two accused in court. That would be a trial, not by publicity, but a legal one based on evidence. The rule of law should always prevail.

The accusation against Panfilo Lacson now occupies more press space than the pending plunder case against Erap and the Abu Sayyaf situation in Mindanao. It is unquestionably the most serious graft charge against any official since ousted president Erap’s plunder case. It should be elevated to the courts as soon as possible. Columnist Tulfo and Col. Corpus should be given all the opportunities to present the evidence that would support their accusations. At the same time, Senators Lacson and Estrada should be given all the legal means to defend themselves of the charges. Lawmakers should not be law-breakers. Law enforcement is more important than legislating new laws.