Erwin Tulfo, Robin Padilla debate 'bending the law' amid flood control projects probe

Senators Erwin Tulfo and Robin Padilla on Tuesday debated the former's remarks during the Blue Ribbon Committee hearing on anomalous flood control projects, that sometimes one has to bend the law to please the people. 

After Justice Secretary Jesus Crispin Remulla and Sen. Rodante Marcoleta's exchange on the return of the alleged proceeds of corruption before individuals linked to graft could apply to be included in the government's witness protection program, Tulfo said the people have been calling for the return of the alleged loot.

Marcoleta said that restitution before inclusion in the witness protection program was not in the law, but Remulla said it was something that the government could require as a sign of good faith.

"Sometimes you have to bend the law in order to please the people," Tulfo said, citing the September 21 rallies that called not only for the arrest of corrupt officials involved in the flood control projects controversy but also for the return of their allegedly stolen wealth.

In the afternoon, Padilla made a manifestation in the Senate plenary, expressing concern over the remarks about bending the law to please the people.

"Nais ko lamang magpahayag ng aking saloobin hinggil po sa ilang mga pahayag sa pagdinig po ng Blue Ribbon Committee kaninang umaga na lubhang nakakabahala na tila nagpaparating na maari nating isantabi ang umiiral na batas upang magbigay daan sa ikasisiya ng taumbayan," Padilla said.

(I rise to express my thoughts regarding some remarks in the Blue Ribbon Committee hearing this morning, which seem to say that we may set aside existing laws to please the people.)

Padilla said that while he understood the importance of the people's will, there are democratic mechanisms to address this.

"Isipin natin ang maaring maging epekto nito sa ating mga komunidad, lalo na po sa mga lugar na matagal nang pinagsisikapan itaguyod ang kapayapaan at kaayusan. Halimbawa na lang po sa Mindanao," Padilla said.

(Let us consider the possible effects of these remarks in the communities, especially in areas where we have long been working to promote peace and order, such as in Mindanao.)

"Patuloy po tayong nagpapaalala sa ating mga kababayan duon na sumunod sa batas, na ang batas ay para sa lahat. Ang batas ay hindi hadlang sa kalayaan. Ito ay saligan ng isang sibilisado at maayos na lipunan… Bilang mga mambabatas, tayo po dapat ang unang tagapagtanggol ng batas," he added.

(We continue to remind our countrymen there to follow the law, that the law is for all. The law is not a restraint on freedom. It is the basis of a civilized and orderly society... As lawmakers, we should be the first to defend the law.)

“I just want to make a point of manifestation. I was the one who said this morning that sometimes we have to bend law. We don’t have to. The point is there is a latin word that says, ‘vox populi, vox dei’,  - the voice of the people is the voice of God. Let me ask you, Mr. President, is our law higher than the voice of God? Is our law higher than the voice of the people? Mr. President, the law is supposed to protect the people,” he said. 

“Tama po ‘yun, hindi po, at mayroon pong proseso na sinusunod tayo na kailangan sundin kapag gumulong na ang batas, hayaan na ang korte ang magsabi. Mr. President, tens and thousands of people went out last Sunday…narinig ko po ang sigaw ng taong bayan - ibalik ang pera namin. Malinaw po,” Tulfo asserted. 

(That's right and we have a process that must be followed once the law is set in motion, let the court decide. Mr. President, tens and thousands of people went out last Sunday... I heard the cry of the people—'Return our money.' It's clear.) 

For his part, Padilla said that the voice of the many should not always be followed. 

“Kailangan po dumaan tayo sa proseso. Ang ating Saligang Batas ay malinaw na nagsasabi na may due process. Kung ang argumento natin ay makikinig tayo sa sinasabing ‘ngayon na, ngayon na,’  ay teka muna po, ay marami pong maliligaw,” he said.

(We need to go through the process. Our Constitution clearly states that there is due process. If our argument is that we will listen to what is being said, 'now, now,' then hold on, many will be led astray.) 

“Katulad ng mga kasama nating artista, halimbawa, sinasabi nila kung ganyan ay ‘huwag na tayo magbayad ng tax’. Eh paano po ang gagawin natin? Papayagan ba natin ang mga artista na huwag magbayad ng tax dahil ayon ang boses nila? Ayun ang voice of God, ayun ang voice of the people?”

(Just like our fellow celebrities, for example, if they say, ‘if that's the case, let's not pay taxes’. So what will we do? Will we allow celebrities not to pay taxes because that's their voice? Is that the voice of God, is that the voice of the people?) 

In response, Tulfo said that the contractors, particularly Sarah and Pacifico Discaya, should return their ill-gotten money if they want to be state witnesses. 

“Ang sinasabi ko lang po, ito ay malinaw na ang sinisigaw ng mga kababayan natin ay isauli. That’s my own opinion, Mr. President, we have to return it. Kusa po, kung gusto po, kung sinsero sila  maging state witness, kung gusto nila mapasok sa Department of Justice, then siguro po, in good faith, isauli nila ang mga nakuha nila,” he said.

(What I'm saying is, it's clear that what our countrymen are calling for is to return it. That's my own opinion, Mr. President, we have to return it. Voluntarily, if they want to, if they are sincere in becoming state witnesses, if they want to enter the Department of Justice, then maybe, in good faith, they should return what they took.) –Vince Angelo Ferreras/NB, GMA Integrated News