Non-members may speak in House committee deliberations, Lagman reiterates

Albay Representative Edcel Lagman on Tuesday reiterated that all members of the House of Representative can participate in any committee deliberation, even if they are not members of that committee.

Lagman made the assertion after members of the House Committee on Justice disallowed non-members like him to speak during the panel's hearing finding sufficiency of grounds on the impeachment case of Chief Justice Maria Lourdes Sereno.

At a press conference, Lagman stressed that never in his experience as a congressman for seven Congresses was he barred from participating in deliberations of committees he is not a member of.

"I have been a member of the House for seven Congresses. And the invariable tradition is that my colleagues and I were allowed to participate in all committee deliberations including in the Committee on Justice," he said.

Lagman on Monday submitted a position paper to the House justice committee to air his stance on the matter, upon the instruction of panel chair Reynaldo Umali and Majority Leader Rodolfo Fariñas.

"It is the immutable and inflexible tradition in the House of Representatives that House members who are not members of standing and special committees have the right to participate in the proceedings of the committees without the right to vote," he said in his position paper.

During the October 5 hearing of the House panel, Fariñas argued that it would derail the proceedings of the meeting if non-members of the panel, including Lagman, would participate.

"Ito lang po ang committee ng Congress na ni-create ng Constitution to hear impeachment complaint. Hindi pwedeng lahat ng member sasali po rito [dahil] hindi pangkaraniwang committee ito," he said.

"You can articulate on legislative measures. We are not legislating here. When it comes to legislation perhaps but there is no right of any member to insist and allow to speak in any committee, made-derail ang committee," he added.

Lagman, however, cited in his position paper 14 grounds on why non-members like him should be allowed to speak in the committee hearing.

In these grounds, Lagman chronicled the history and his experience as a House member in the past Congresses being allowed to participate in committee deliberations.

In fact, he said that even in executive sessions, a non-committee member is allowed to attend and participate.

"If a Member of the House who is not a member of the committee conducting an executive session, an exclusive, confidential and sensitive meeting, can attend and participate in said executive session, with more reason such non-member can attend and participate in committee proceedings like the open and public sessions and hearings of the Committee on Justice conducting impeachment proceedings," he said.

Apart from this, Lagman cited the principle that "what is not prohibited is allowed."

"The rules of the House do not prohibit a member of participating in committee deliberations if he is not a member," he said.

This rule, Lagman further said, has been initiated as early as 1934 in the case of Meralco v. Public Service Commission, where the Supreme Court said that "what is not expressly or impliedly prohibited by law may be done, except when the act is contrary to morals, customs and public order.”

The high court reiterated this ruling in its recent decision on the Knights of Rizal v. DMCI Homes, the popular case where the Supreme Court allowed the construction of Torre De Manila despite being obstruction in the background of the Rizal Monument in Luneta Park.

"Verily, continuing and respecting the unbroken tradition of affording non-members of the Committee on Justice to participate in the impeachment proceedings does not only uphold an inherent right of a Representative but is a protection of the minority against the importuning of the supermajority in the House," Lagman said.

The House justice committee will meet again on Wednesday to determine probable cause on the impeachment complaint against Sereno. — RSJ, GMA News