Sabio asks SC for permanent freedom from Senate custody

Presidential Commission on Good Government (PCGG) chair Camilo Sabio asked the Supreme Court Friday to order the Senate to permanently discharge him from its custody. In a 20-page memorandum, Sabio asked the high court to restrain the Senate committees on government corporations and public enterprises and of public services, the Senate sergeant-at-arms, Senate President Manuel Villar and Senator Juan Ponce Enrile from arresting and detaining him for the same cause. "It is respectfully prayed that this honorable court…nullify all orders and issuances of respondents relative to petitioner’s arrest and detention," Sabio said. Sabio said that Section 4 (b) of Executive Order 1 is "constitutional and remains in full force and effect." He said that Section 4 (b) of EO 1 is consistent with the provisions of the 1987 Constitution and does not offend any provision of the Constitution and can be reconciled with them. "The mandate of the Commission under Section 2 of EO 1 is to assist the President in the recovery of the ill-gotten wealth of former President Ferdinand E. Marcos and his associates and dummies, to investigate such cases of graft and corruption, and to adopt safeguards to avoid repetition of such cases," Sabio said. "In this task, the Commission is accountable to the President, the highest elected public official of the land. Indeed, the members of the Commission serve at the pleasure of the President," he added. Sabio maintained that Section 4 (b) of EO 1, which gives PCGG officials partial immunity, has not been repealed by the transitory provisions of the 1987 Constitution. "It is incumbent upon Congress to enact a law revoking, repealing or amending the questioned Section 4 (b) provision," Sabio said, adding that jurisprudence is replete with pronouncements that to declare a law as unconstitutional, the repugnancy of the law must be clear and unequivocal. Sabio said the PCGG’s duties and responsibilities continue with the pending cases and other cases being contemplated with the continuing search for ill-gotten wealth of the late President Marcos, his family and cronies. "Until then, the due performance of the PCGG’s functions and responsibilities must not be unduly impeded or restrained," he said. "In the light of overriding state policy for its creation, the immunities granted to the PCGG under Section 4 (b) of EO 1, are, without doubt, reasonable and justified. In any event, until Section 4 (b) is amended, repealed or revoked, it remains in full force and effect," he added. Sabio was earlier arrested September 12 after he, the other PCGG commissioners and executives of the Philippine Communications Satellite (Philcomsat) Corp., repeatedly snubbed summonses for them to appear before the Senate committees looking into the alleged anomalous losses of Philcomsat. The Philcomsat is a government sequestered company. Sabio secured temporary freedom September 21 following the oral arguments at the Supreme Court over his petition for habeas corpus. -GMANews.TV