Senate set to wrap up its hearing on ethics complaint vs Villar
With or without the participation of Senator Manuel Villar, the Senate committee of the whole will wrap up its hearing on the ethics complaint filed against him as sufficient evidence have already been gathered to draw conclusion on the matter, Senate President Juan Ponce Enrile said Tuesday.
Enrile, the presiding chairman of the committee, expressed hopes that the camp of Senator Ma. Ana Consuelo Madrigal, the complainant, would finish its presentation next week.
“I will give them sufficient time to present their evidence. I cannot say (how long) I have to think about it," Enrile told reporters.
He said they will just close the hearing if Villar’s camp refuse to rebut the evidence presented by complainant.
Villar has consistently refused to attend the ethics proceedings, saying the committee members have already decided, from the very start, to pin him down on the case.
Enrile said the committee of the whole will make a report, which will be presented to the plenary.
"It will be debated in the plenary," Enrile said.
On the other hand, Senator Alan Peter Cayetano expressed optimism that the evidence will bear out Villar. Cayetano and Villar are allies.
"I’m very optimistic na kung sa ebidensya lang ang titignan, maabswelto at makikitang dapat pasalamatan pa si Senador Villar sa napakagandang project na tulad ng C5 (If we look only into the evidence, I’m very optimistic that Senator Villar would be absolved; in fact he should be thanked for such a very good project as the C5 road)," he said.
Nothing to rebut
Asked if Villar’s camp will be presenting their side before the committee of the whole, Cayetano said there is nothing to rebut.
“There is no real allegation here because there is no wrongdoing. In one sense we are glad that it’s coming to a close and Senator Villar will be vindicated," Cayetano said.
On the other hand, nalulungkot kami na nagamit ang Senado nina Senador Madrigal at (Panfilo) Lacson para sa kanilang sariling personal na krusada laban sa leading na presidentiable (it’s sad that Senators Madrigal and Lacson used the Senate for their personal crusade against our leading presidential aspirant)," he said.
“Sana hindi na ito maulit at sana yung ibang presidentiable ay hindi maging victim din ng ganitong klaseng sistema sa Senado (I hope this won’t happen again and that our other presidential aspirants won’t become victim of such as system in the Senate," he added.
During the resumption of the hearing Tuesday, Enrile denied a request to subpoena more documents, saying there is now enough evidence to draw conclusion on the ethics complaint against Villar.
“There is already ample evidence to establish those facts and rather than go and wrangle with the Department of Budget and Management, the chair felt that we have enough, sufficient evidence to draw a conclusion already from the record," he said.
Lawyer Ernesto Francisco asked the committee to subpoena the letter request and endorsements from Congress, which served as basis for the issuance of Special Allotment Release Order (SARO) to complete his documentation.
“The SARO was the source of funding for the road right of way payments for Masaito and other properties. The witness earlier submitted all the copies of all the SAROs that were used for the civil works and right of way portion for this project," Francisco said.
Enrile said witness Edilberto Tayao, the National Capital Region director of the Department of Public Works and Highways (DPWH), can give a copy of the SARO requested by Francisco.
“Let me clarify, this is not a criminal case where we are actually proving the guilt of an accused beyond reasonable doubt. This is an ethics case. Now, as far as the ethical conduct of the respondent is concerned, we have already, in the opinion of the chair, sufficient evidence to draw a conclusion from the evidence presented," the Senate chief said.
He added that the SAROs are only corroborative evidence to indicate the conduct of the witness.
“But the fact that the ethical norm observed by the respondent in the performance of duty as senator has been breached, there are already enough evidence on that, one of which is the very document presented by the counsel a while ago — the feasibility study," Enrile said.
Enrile was referring to feasibility study conducted in 2006 which states that the conceptualization and the initial release of funds for the C-5 project was initiated by Villar.
He said Villar’s efforts also paved the way for the funding of the Las Pinas-Paranaque link road, which will be linked to the South Luzon Expressways upon the completion of C-5. The main idea behind this project is the linking of Coastal Road to C-5 effortlessly connecting the cities of Taguig and Paranaque and Cavite as well.
“We are dealing with an ethical conduct, I don’t think the SAROs that have been submitted by the DPWH dealing with payments done for the construction and right of way of that project would be denied … I don’t think the saros will be controverted, these are public documents and even if they are only copies," he further said.
Ethical conduct
He said it is up to the respondent to rebut the authenticity and admissibility of the document and if Villar’s camp does not question the SAROs, this will be admissible evidence already.
He further said that with respect to the damage to the government, the exact amount is not necessary.
“Whether the damage is only P10 or P20 or P1 million or P1 billion, a misconduct done, if there is any, would be established not by the magnitude of the amount but by the fact that indeed an act was done to transgress the ethical conduct of the respondent," Enrile said.
He added: “The unethical conduct was not spawned by the issuance of the SARO, the unethical conduct was spawned by the fact that he himself made the request without disclosing it to the House (chamber)."
Villar stands accused of allegedly making an insertion of P200 million in Republic Act 9498 or the General Appropriations Act of 2008 for the construction of the C5 extension from South Luzon Expressway to Sucat Road including the right of way even though the project was already covered in the same law with the same amount.
He is also accused of realigning the C5 road extension project to benefit properties registered in the name of corporations that he and his family own and control.
There was also supposedly a conflict of interest on Villar’s part when he failed to divest himself of interest in corporations whose properties were acquired by the government for road right of way for the Las Piñas-Paranaque road.
Punishment
If found guilty, Villar could either be admonished, reprimanded, censured, suspended or expelled.
In the past, among those who faced an ethics probe were Senators Heherson Alvarez, Renato Cayetano, Luisa Estrada and Juan Flavier.
The complaints against Cayetano, Estrada and Flavier were dismissed while Alvarez was admonished.
In the present Congress, aside from Villar, an ethics complaint was also filed against Sen. Richard Gordon, but it was dismissed as the Supreme Court had already issued a decision on the matter.
Former Quezon City Rep. Dante Liban accused Gordon of holding two positions in the government, being a senator and a chairman of the Philippine National Red Cross (PNRC).
The other ethics complaint filed against Villar is still pending before the Senate ethics committee. [See: Senate panel defers dismissal of Jarvinia case vs Villar - GMANews.TV
Enrile, the presiding chairman of the committee, expressed hopes that the camp of Senator Ma. Ana Consuelo Madrigal, the complainant, would finish its presentation next week.
“I will give them sufficient time to present their evidence. I cannot say (how long) I have to think about it," Enrile told reporters.
He said they will just close the hearing if Villar’s camp refuse to rebut the evidence presented by complainant.
Villar has consistently refused to attend the ethics proceedings, saying the committee members have already decided, from the very start, to pin him down on the case.
Enrile said the committee of the whole will make a report, which will be presented to the plenary.
"It will be debated in the plenary," Enrile said.
On the other hand, Senator Alan Peter Cayetano expressed optimism that the evidence will bear out Villar. Cayetano and Villar are allies.
"I’m very optimistic na kung sa ebidensya lang ang titignan, maabswelto at makikitang dapat pasalamatan pa si Senador Villar sa napakagandang project na tulad ng C5 (If we look only into the evidence, I’m very optimistic that Senator Villar would be absolved; in fact he should be thanked for such a very good project as the C5 road)," he said.
Nothing to rebut
Asked if Villar’s camp will be presenting their side before the committee of the whole, Cayetano said there is nothing to rebut.
“There is no real allegation here because there is no wrongdoing. In one sense we are glad that it’s coming to a close and Senator Villar will be vindicated," Cayetano said.
On the other hand, nalulungkot kami na nagamit ang Senado nina Senador Madrigal at (Panfilo) Lacson para sa kanilang sariling personal na krusada laban sa leading na presidentiable (it’s sad that Senators Madrigal and Lacson used the Senate for their personal crusade against our leading presidential aspirant)," he said.
“Sana hindi na ito maulit at sana yung ibang presidentiable ay hindi maging victim din ng ganitong klaseng sistema sa Senado (I hope this won’t happen again and that our other presidential aspirants won’t become victim of such as system in the Senate," he added.
During the resumption of the hearing Tuesday, Enrile denied a request to subpoena more documents, saying there is now enough evidence to draw conclusion on the ethics complaint against Villar.
“There is already ample evidence to establish those facts and rather than go and wrangle with the Department of Budget and Management, the chair felt that we have enough, sufficient evidence to draw a conclusion already from the record," he said.
Lawyer Ernesto Francisco asked the committee to subpoena the letter request and endorsements from Congress, which served as basis for the issuance of Special Allotment Release Order (SARO) to complete his documentation.
“The SARO was the source of funding for the road right of way payments for Masaito and other properties. The witness earlier submitted all the copies of all the SAROs that were used for the civil works and right of way portion for this project," Francisco said.
Enrile said witness Edilberto Tayao, the National Capital Region director of the Department of Public Works and Highways (DPWH), can give a copy of the SARO requested by Francisco.
“Let me clarify, this is not a criminal case where we are actually proving the guilt of an accused beyond reasonable doubt. This is an ethics case. Now, as far as the ethical conduct of the respondent is concerned, we have already, in the opinion of the chair, sufficient evidence to draw a conclusion from the evidence presented," the Senate chief said.
He added that the SAROs are only corroborative evidence to indicate the conduct of the witness.
“But the fact that the ethical norm observed by the respondent in the performance of duty as senator has been breached, there are already enough evidence on that, one of which is the very document presented by the counsel a while ago — the feasibility study," Enrile said.
Enrile was referring to feasibility study conducted in 2006 which states that the conceptualization and the initial release of funds for the C-5 project was initiated by Villar.
He said Villar’s efforts also paved the way for the funding of the Las Pinas-Paranaque link road, which will be linked to the South Luzon Expressways upon the completion of C-5. The main idea behind this project is the linking of Coastal Road to C-5 effortlessly connecting the cities of Taguig and Paranaque and Cavite as well.
“We are dealing with an ethical conduct, I don’t think the SAROs that have been submitted by the DPWH dealing with payments done for the construction and right of way of that project would be denied … I don’t think the saros will be controverted, these are public documents and even if they are only copies," he further said.
Ethical conduct
He said it is up to the respondent to rebut the authenticity and admissibility of the document and if Villar’s camp does not question the SAROs, this will be admissible evidence already.
He further said that with respect to the damage to the government, the exact amount is not necessary.
“Whether the damage is only P10 or P20 or P1 million or P1 billion, a misconduct done, if there is any, would be established not by the magnitude of the amount but by the fact that indeed an act was done to transgress the ethical conduct of the respondent," Enrile said.
He added: “The unethical conduct was not spawned by the issuance of the SARO, the unethical conduct was spawned by the fact that he himself made the request without disclosing it to the House (chamber)."
Villar stands accused of allegedly making an insertion of P200 million in Republic Act 9498 or the General Appropriations Act of 2008 for the construction of the C5 extension from South Luzon Expressway to Sucat Road including the right of way even though the project was already covered in the same law with the same amount.
He is also accused of realigning the C5 road extension project to benefit properties registered in the name of corporations that he and his family own and control.
There was also supposedly a conflict of interest on Villar’s part when he failed to divest himself of interest in corporations whose properties were acquired by the government for road right of way for the Las Piñas-Paranaque road.
Punishment
If found guilty, Villar could either be admonished, reprimanded, censured, suspended or expelled.
In the past, among those who faced an ethics probe were Senators Heherson Alvarez, Renato Cayetano, Luisa Estrada and Juan Flavier.
The complaints against Cayetano, Estrada and Flavier were dismissed while Alvarez was admonished.
In the present Congress, aside from Villar, an ethics complaint was also filed against Sen. Richard Gordon, but it was dismissed as the Supreme Court had already issued a decision on the matter.
Former Quezon City Rep. Dante Liban accused Gordon of holding two positions in the government, being a senator and a chairman of the Philippine National Red Cross (PNRC).
The other ethics complaint filed against Villar is still pending before the Senate ethics committee. [See: Senate panel defers dismissal of Jarvinia case vs Villar - GMANews.TV
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