Gordon, Sabio in shouting match over immunity - Malaya 09.15.2006

BY JP LOPEZ

A DEBATE on a two-decade-old executive order issued during the revolutionary government of President Corazon Aquino resulted yesterday in a shouting match between Sen. Richard Gordon and Camilo Sabio, chairman of the Presidential Commission on Good Government who has been under Senate detention since Tuesday.

Sabio appeared at the resumption of the Senate investigation on the reported anomalous losses of the Philippine Holdings Corp. (PHC) but remained defiant and refused to answer questions from senators.

He maintained that Executive Order 1 grants PCGG officials immunity from judicial, legislative and administrative inquiries. Under the EO, he said, they also could not be compelled to produce documents during such investigations.

But Gordon said EO 1, which created the PCGG, was issued when there was no constitutional government in existence.

The PCGG, which was tasked to recover the alleged ill-gotten wealth of the late President Ferdinand Marcos, supervises PHC which is a major stockholder in the sequestered Philippine Communications Satellite Corp. (Philcomsat).

Gordon said 1987 Constitution, ratified a year after the PCGG was created, nullified the supposed immunity of commission officials.

Gordon first asked Sabio when was the EO issued and when was the Constitution ratified.
Instead of answering the question, Sabio lectured senators on the provisions of EO1.

"My question is very simple. When was Executive Order No. 1 issued?" Gordon asked.

"I am answering the question," Sabio said.

"No you are arguing," Gordon said.

"I have to argue. I have to state the reason … would like to put my answer in context," Sabio said.

"Thank you very much. I am being polite to you," Gordon said.

"I am polite," Sabio said.

"No you’re not polite. You’re raising your voice," Gordon said. "I do not appreciate the lecture and the high-handedness by which the resource person (Sabio) has treated the committee."

"Do not abuse me, you have no right to abuse me," Sabio said.

Sabio contested claims by senators that the 1987 Constitution superseded EO 1. He cited the PCGG v Pena ruling of the Supreme Court in 1988, which he said upheld the PCGG’s power.

He said Sen. Juan Ponce Enrile even sought an amendment to the executive order, recognizing the validity of the law.

Enrile, who inhibited himself at the start of the hearing, was forced to react on Sabio’s reference to him.

Enrile said he never questioned the validity of the executive order, only the provision that gives PCGG officials absolute immunity from investigations.

"I am not the Supreme Court. My opinion is that the EO 1 has outlived its usefulness," Enrile said.

"Since there is no remedy for me as a senator… I decided to use my prerogative as a legislator to expunge from the statute book the provision that you are using in order to exercise a right of immunity," he said.

ABOVE THE LAW

Sabio said although they are dispensed from attending inquiries, it does not mean that they are above the law.

In turn, he asked the Senate not to be above the law, saying the inquiry is not in aid of legislation.

"It is our contention here that this is not in aid of legislation because (this investigation) is not necessary," Sabio said.

He said what the senators need could be obtained from the Sandiganbayan and the Supreme Court.

After the shouting match, Gordon was seen giving a glass of water to Sabio.

A calmer Sabio then faced questioning by Sen. Sergio Osmeña III, who requested that the Senate panel be furnished a listing of the PCGG’s shares of stocks in sequestered corporations where it has directorships.

Sabio told Osmeña that PCGG officials who are named government representatives in sequestered companies are entitled to an allowance of P10,000 a month or P120,000 a year, based on a memorandum circular issued by President Fidel Ramos.

He declined to answer questions on whether PCGG officials get perks other than the stipend for their directorial seats.

STILL DETAINED

Gordon said Sabio would stay under Senate custody until Sept. 21.

The Supreme Court has ordered the Senate to present Sabio in court on Sept. 21 during oral arguments on Sabio’s petitions for a writ of habeas corpus and certiorari and permanent injunction.

"We will present him before the SC on Sept. 21, if that is what the SC ordered. In the meantime, he will stay here," Gordon said in an ambush interview.

Ismael Khan, Supreme Court spokesman and assistant court administrator, said the oral arguments on Sept. 21 will push through even if it is a holiday.

"This is an unusual matter considering that the justices met immediately and scheduled the oral argument and the writ is issued by the court itself and not by the Court of Appeals," he said.
Gordon said the Senate’s legal defense will be prepared by Senate legal counsel David Yap.
Gordon scheduled the next committee hearing today.

Gordon said he would have asked his colleagues to allow Sabio to go home yesterday for humanitarian reasons had the PCGG chairman not been too "high-handed and disrespectful."
He said he will personally recommend Sabio’s release from Senate custody "if he cooperates and testifies before us."

Senate security officials have yet to arrest other PCGG officials and executives of PHC.

Subject of arrest orders are PCCG Commissioners Ricardo Abcede, Narciso Nario, Nicasio Conti and Tereso Javier and PHC officials Benito Araneta, board chairman; Philip Brodett, director and vice president; Manuel Andal, treasurer; and directors Julio Jalandoni Luis Lokin Jr.

FEELERS

Senate sergeant-at-arms Jose Balajadia said some of the PCGG and PHC officials have sent emissaries saying they would want to discuss the terms of their arrest.

"May mga vibrations akong natatanggap. Gusto daw makipag-usap sa akin," Balajadia said.
He said he turned them down and told the emissaries to go directly to Gordon.

"Sabi ko sa kanila mabuting kausapin nila si Sen. Gordon, hindi ako. I’m just following orders," Balajadia said.

Balajadia declined to give the names of the PHC and PCGG officials or their emissaries.
He said they had difficulty arresting the officials.

"Mahirap ito kasi bukod sa marami silang kaibigan ay marami pa silang pera," he said.
Balajadia said they would file charges against individuals found to be protecting or hiding the wanted officials.

"We will charge them. That’s harboring fugitives," he said.

Malacañang is hoping that the Senate and the PCGG would have a "meeting of minds" to settle their differences.

Presidential Adviser for political affairs Gabriel Claudio said what transpired in the Senate, particularly the exchange between Gordon and Sabio, was "a horrible scene."
He also described it as "most regrettable" and "unfortunate."

Claudio said he was sure neither Gordon nor Sabio wanted that exchange to happen.

BULLYING

Administration Congressmen Gerry Salapuddin (Lakas, Basilan) and Douglas Cagas (NPC, Davao del Sur) warned of a constitutional crisis if the Senate would continue to "bully" the administration by threatening to arrest officials who refused to attend investigations in aid of legislation.

They suggested a dialogue between the Senate and the Executive to head off the possible constitutional crisis which they said could arise from the hard-line stance of both parties regarding invitations of administration officials to Senate hearings.

"Senators should realize that officials are refusing to testify in their probes for fear of getting embarrassed or humiliated by senators. They lambaste, prejudge and accuse officials as if they are all inept and corrupt. Perhaps officials will be more encouraged to attend the hearings if they are assured of proper treatment," he said. – With Czeriza Valencia, Jocelyn Montemayor, Dennis Gadil and Wendell Vigilia