The Senate and its guests

You will probably be tuning in to ANC today to watch the resumption of the ongoing Senate investigation into the highly controversial plea bargaining agreement entered into by former AFP comptroller Carlos Garcia and the Office of the Ombudsman.

 Garcia stands accused of plundering hundreds of millions of pesos from the AFP coffers but succeeded in striking a deal that would have him plead guilty to the lesser charge of bribery in exchange for the return of some of the loot.

 It goes without saying that the deal stinks to high heavens. Even those not steeped in legal intricacies are bound to sense something highly irregular about the arrangement. And this is the reason why the Senate felt it needed to investigate.

 But the Senate is not a court of law. It cannot try Garcia over the issue. The reason it can investigate the matter is so that, in aid of legislation, it can obtain information to help it make laws that will address problems posed by irregular deals like Garcia’s.

 But as always happens, our senators end up acting like trial lawyers and judges. They forget that they are not trying Garcia but are out to ferret information from him. Of course Garcia has been uncooperative. But then again, can you blame the guy after all he has done?

 Senators have been incensed by Garcia’s persistent invocation of his right to remain silent and to be free from self-incrimination. One senator, Jinggoy Estrada, has threatened to detain Garcia. He would have done so during the last hearing but for a lack of quorum.

 Well, now that a quorum is expected today, will Jinggoy make good his threat to detain Garcia if Garcia continues to be obstinate and refuses to answer questions? I am sure he will. Estrada, himself once accused of plunder, has a chip on his shoulder. He is spoiling for a fight.

 Perhaps the better question to ask is this: Does the Senate have the greater right to exact information from Garcia than Garcia has the constitutional right to remain silent and be free from self-incrimination?

 I’m no lawyer but I have an answer to that. If all government emanates from the people, and senators are people’s representatives, then they cannot take precedence over people, even those accused but whose guilt have yet to be proven beyond reasonable doubt by a court of law.

 All of us probably have nothing good to say about Garcia. But the fact remains that he does not stand accused before the Senate. He is before the Senate as a “guest” and as a “resource person” and thus an “invitee” who deserves the utmost courtesy from the “inviter.”

 Forget about Garcia. Shove him out of the picture. You will probably realize that this is actually not the first time the Senate has mistreated, abused, humiliated and stripped its guests and resource persons of their last shred of dignity.

 And all of these have happened live on nationwide TV, thus greatly expanding the scope of the shame experienced by these people. And for what purpose have these people been treated thus? So that the senators who love to be called “Your Honor” can grandstand before the cameras?

 If Garcia has to rot in prison, then so be it. Nobody probably would care less. But only then should his punishment, duly meted by the appropriate court, can begin. Right now, an ogre though we may think of him, no punishment has yet been meted by the court, much less the Senate.

 Aside from his wife and sons implicated in the same crimes, Garcia has other relatives and friends who have nothing to do at all with all of these. Yet they suffer as a consequence, a suffering exacerbated by a unique ruthlessness exhibited by so-called people’s representatives.

This situation must not be allowed to go on. If senators are to be addressed as honorable ladies and gentlemen, they must learn to act the part. I personally could almost puke watching Jinggoy wag an accusing finger at Garcia and lecture him on the matter of plunder.