UP professor, IBP professor flag absence of secretariat stenographers at Cayetano-led hearing

Legal experts on Friday said the absence of a secretariat and stenographers in the Blue Ribbon Committee hearing held by Senator Alan Peter Cayetano’s bloc on June 4 indicated an irregularity.

"Hindi matutulungan ‘yung pagsusulat ng batas kung walang record ‘yung mga senador noong mga naganap at nasabi. Kaya nga mukhang irregular ‘yung nangyari kahapon,” UP College of Law Associate Dean Atty. Paolo Tamase said.

(The drafting of laws cannot be aided if senators have no record of what occurred and what was said. That is why what happened yesterday appears irregular.)

In a report by Maki Pulido on “24 Oras” on Friday, the Integrated Bar of the Philippines (IBP) said that the absence of a Senate secretary and stenographers is an indication of irregularities in the Cayetano bloc-led hearing.

“Mayroon irregularity doon sa proceeding yesterday kasi nga po if you noticed wala nga, based on the write-ups that read ‘no, wala nga pong stenographer, and there was also no Senate secretary… Kasi nga wala ngang authority, kumbaga ‘yung proceeding, it’s as if it did not happen or it did not take place,” IBP National President Atty. Allan Panolong said.

(There was an irregularity in yesterday's proceedings because, if you noticed based on the write-ups, there was no stenographer and no Senate secretary present... Because it lacked authority, it's as if the proceeding didn’t even happen or take place at all.)

Senator Erwin Tulfo, the Senate Blue Ribbon Committee chairman elected by Senator Win Gatchalian’s bloc, said the hearing was invalid.

“Kasi po hindi naman po recorded po ‘yon. Hindi po ba wala pong ahente sa Senate po namin na books, so wala pong saysay maski manumpa sila hanggang gusto nila. Ibigay man nila sa Ombudsman ‘yon eh hindi po tatanggapin y’on,” Tulfo said on Balitanghali.

(Because the hearing wasn't recorded. There are no official Senate records or books for it, so it's completely pointless even if they take oaths. Even if they submit that to the Ombudsman, it won't be accepted.)

During the June 4 hearing, some senators and the invited 18 “ex-Marines” resource persons implicated a list of individuals who allegedly received bags of cash in connection with the flood control scandal.

In Article VI, Section 11 of the 1987 Constitution, members of Congress are protected in all Senate hearings and statements given that they are within Senate premises.

“No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof,” a speech and debate clause of the Constitution reads.

“Malawak usually ‘yung interpretation ng court doon. So kahit speech siya sa labas ng session as long as nasa loob siya ng premises ng Senado, and therefore mukhang may legislative link or legislative nexus, then usually hindi ‘yon pwedeng parusahan sa labas,” Tamase said.

(The court’s interpretation of that rule is broad. Even if a speech occurs outside of an active session, it cannot usually be penalized by outside entities—provided it takes place within the Senate premises and establishes a legislative link or nexus.)

The law grants the Senate the power to decide on disciplinary actions and hold its members accountable for making misleading or inaccurate statements.

“Binabawal niya ‘yung pagparusa ng isang senador sa labas ng Senado… Pero within the chamber mismo, and among each other, pwede kang parusahan sa mga pinagagawa mo sa loob ng Senado. So, for example, sa House is si Kiko Barzaga,” Tamase said.

(The law bars the penalization of a senator outside the halls of Congress... But within the chamber itself, and among peers, a lawmaker can be sanctioned for misconduct committed inside the Senate. For example, in the House of Representatives, the case of Kiko Barzaga.)

As for the statements given by the invited resource speakers, no immunity will be given to them, whether the committee hearing is declared legal or not.

“’Yung batas natin, nire-regulate niya kung paano binibigyan ng immunity ’yung isang witness ng isang inquiry sa Senado. At mukhang batay sa nangyari kahapon, hindi nasundan ‘yung requirements na ’yon,” Tamase said.

(Our laws regulate how a witness is granted immunity during a Senate inquiry. And looking at what happened yesterday, it appears those requirements were not followed.)

The 18 “ex-Marines” are therefore exposed to libel and defamation complaints, according to Tamase.

The resource persons’ immunity will only be provided once admitted under the state’s witness protection program.

On Friday, Tulfo, who is among those implicated in receiving kickbacks, said that he will be filing complaints against the “ex-marines,” among others. –Lyjah Tiffany Bonzo/NB, GMA News