The fall from grace continues for Representative Arnolfo “Arnie” Teves. The erstwhile honorable gentleman from Negros Oriental earned another dishonorable distinction: the first legislator to be expelled from the House of Representatives for conduct unbecoming of an elected official and not for a final criminal conviction. Early this month, he became the first lawmaker officially tagged a terrorist by the Anti-Terrorism Council. He was also suspended twice by the Lower House for his unauthorized absence.
Congressman Teves can prevent his further descent into ignominy if he comes home to face all his accusers. He must prove his innocence in a proper legal forum and not through social and traditional media. His right to due process of law – particularly being presumed innocent until proven otherwise via a speedy, impartial and public trial – is guaranteed by the Bill of Rights under the 1987 Constitution (Article 3, Section 14). In the words of retired Chief Justice and current Executive Secretary Lucas Bersamin, in every criminal case where the accused enjoys the presumption of innocence, he is entitled to an acquittal unless his guilt is shown beyond reasonable doubt (People of the Philippines vs. Claro).
Errant lawmaker
As I correctly surmised in a previous column, the Lower House would be predisposed to drop the embattled solon from its rolls for disorderly behavior. His colleagues meted Teves with the absolute penalty of expulsion after they found him guilty of violating Section 141 (a) and (b), Rule XX of the Code of Conduct of the House of Representatives (STAR, PNA). It is also in consonance with Article 6, Section 16 (3) of the Constitution concerning punitive action against errant members of the legislative branch.
Moreover, I anticipated that an overwhelming majority of congressmen would affirm the recommendation of the ethics and privileges committee. The vote tally was 265-0 with three abstentions. The acts of Teves, to wit, seeking political asylum in Timor-Leste, continued absence without leave from Congress and dancing in his underwear on social media, have seriously compromised the integrity of the institution. On multiple times, he defied the order of the House leadership to return to work. He has failed to discharge his duties and functions as the representative of the 3rd District of Negros Oriental. It is indeed a grave disservice to his constituents. Further, his continued attempt to seek political asylum in another country could only mean that he has no plans to return to the Philippines.
I believe that Teves’ terrorist label was the deciding factor that led to his expulsion. The designation alone would have been a sufficient ground for his removal from Congress. How can the august halls of the Lower House possibly accommodate a terrorist designee that is facing multiple crimes of murder? The controversial politician could have appealed the ATC designation. Instead, he chose to mock it through a series of tirades or by dancing in his boxer shorts on social media.
Therefore, his membership would only sully the reputation of the House of Representatives, which received a “very good” net satisfaction rating of +56 percent based on a December 2022 Social Weather Stations survey.
Meanwhile, I expected his legal team to cry foul over the decision of the House of Representatives. The case of Teves is different from those of former congressmen Romeo Jalosjos and the late Ruben Ecleo Jr. After the High Court upheld with finality the conviction of Jalosjos for rape in 2001 and Ecleo for murder and graft in 2012, the Lower Chamber dropped them from its roll of members.
Rule of law
Teves was expelled even if he has yet to be tried for, much less convicted of, any criminal offense. No suit has been filed against him for allegedly masterminding the Pamplona Massacre in March. The case is still pending before the Department of Justice panel of prosecutors. (I think it has something to do with the recantation of the 11 suspects turned witnesses. It is high time for Congress to enact a law that would give harsher penalties for witnesses who make a mockery of our criminal justice system.)
Well, the solon and his legal team can appeal the House decision before the Supreme Court. The High Court, however, is known to respect the discretion of a co-equal body like the Legislature, especially when disciplining or punishing its members. In a 2012 Resolution vis-à-vis the Commission on Audit, the Court said the three branches of government should remain independent to avoid any single branch from lording its power over the other branches or the citizenry. The divided power must be wielded by co-equal branches of government that are equally capable of independent action in exercising their respective mandates. (A.M. No. 11-7-10-SC).
I view the decision of the House of Representatives as a continued assertion of the country’s rule of law that is guided by the 1987 Constitution. Chief Justice Alexander Gesmundo stated in a recent Central Bank event that the rule of law is the foundation of societal order and stability. The United Nations defines it as a governance principle in which all public and private persons, institutions and entities, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated. It should also be consistent with international human rights norms and standards.
In the past, our government demonstrated the capacity and competence to enforce our laws on the highest officials of the land. We witnessed two former Philippine presidents impeached, convicted and detained right after their respective terms of office. Likewise, we saw two chief justices removed from the High Court. Aside from Teves, Jalosjos and Ecleo, there were other representatives who were dropped from the rolls for various reasons.
The expulsion of Congressman Teves sends the message to the citizenry that no one is above the law. This is especially true for leaders and lawmakers-turned-lawbreakers.