All senators OKd P200-M insertion in ’08 GAA Joker P. Arroyo Philippine Daily Inquirer
May 23, 2009
The Senate is embarking on a very dangerous experiment.
In its 93-year history since the first Senate of 1916, the power of the Senate to “punish its members for disorderly behavior” was never used by those lusting for the country’s leadership, the presidentiables in the present instance, as a mechanism to destroy a front-runner for the presidency.
Those six words in the Constitution are meant to discipline members. The Senate presidentiables have misused the power to cut down an opponent.
The P200-million Villar insertion in the 2008 budget which he does not deny, started when it was incorporated in the Senate Finance Committee Report for the 2008 Budget for all senators to scrutinize and see. The presidentialities or most of them signed the report. It was forwarded to the Senate in plenary.
In the plenary, the insertion was not disturbed. In the Bicameral Conference, the same was likewise approved. The Bicam Report was sent back to the Senate for ratification and we approved it.
Now, the presidentialities are complaining that it is illegal. Too late the hero? The P200-million insertion went through four stages. What is the value of a senator’s vote or approbation if he can with complete abandon, just turn around and go against his own vote just so he can go after a potential opponent?
That is what is happening now.
In the future, a Senate majority can expel a colleague, right or wrong, if they have the numbers.
II
Before the Villar persecution, the ethics committee had its rules. After the Villar case was filed, the new ethics committee amended the original rules, the easier to convict Villar. It took them six sessions to tailor-make the second rules.
When Villar complained, the presidentialities proposed that the Senate constitute itself as the Committee of the Whole. They refused to debate the issue, nor to be interpellated. Imagine the Senate, a deliberative body, foreclosing debate or interpellation. It was an eerie feeling, the necrological services for Villar.
III
So the Villar case was elevated to the Senate Committee of the Whole. The minority wanted to amend the second rules or revert back to the old rules so that it would be fair to Villar. The net result was the majority gave in to three innocuous concessions and maintained the harsh provisions. The new or the third rules are designed for Villar.
IV
This is a complaint of Sen. Jamby Madrigal against Senator Villar. The Constitution says a defendant is entitled “to meet the witness face to face.” What happened as shown in the last hearing was that the witness that took the stand was not Senator Madrigal but her present lawyer, Atty. Ernesto Francisco.
This is evidence through proxy—that cannot be, or ever be. A lawyer testifying for Jamby the complainant.
And worst, the new or third set of rules forbid the cross-examination of the proxy witness! We asked that the minority be allowed to cross-examine. The third rules says no at this stage, say the presidentialities. Only at the third stage, (after Villar has been drowned with ex-parte propaganda evidence at the first and second stage), can Villar present his evidence.
V
The Senate President is trying to minimize the damage of the third rules to Senator Villar, but he is overwhelmed by the rampaging presidentialities.
In the past, faced with sure conviction from unfair rules and unfair military judges, Ninoy Aquino refused to attend or participate in his trial before Military Commission No. 2 and was sentenced to death by musketry. Geny Lopez Jr. and Serge Osmeña III, facing the same fate, also refused to attend their trials and just escaped from their stockade.
There is dignity in not attending a trial with built-in rules stacked against you.
