SC frees Sabio, freezes Senate probe, Awaits resolution of immunity row - Malaya 09.22.206
BY EVANGELINE DE VERA
THE Supreme Court yesterday ordered the release of Good Government Chairman Camilo Sabio from Senate custody and suspended the arrest warrants against four PCGG commissioners and five officials of Philcomsat Holdings Corp. (PHC) pending resolution of the case revolving on PCGG officials’ immunity.
Agreement was also reached that the Senate committee on public corporations and government enterprises chaired by Sen. Richard Gordon in the meantime would suspend its inquiry into alleged fund diversion at PHC, Supreme Court spokesman Ismael Khan said.
At the conclusion of the oral arguments, Chief Justice Artemio Panganiban imposed a gag order on the parties until the court has resolved the PCGG’s petition for certiorari one month after the submission of the parties’ respective memoranda.
"All parties were ordered to submit memorandum in 15 days after which the court is expected to issue their decision after 30 days. The warrants versus other commissioners are likewise suspended, which means that Sabio is allowed to go home with the consent of the Senate," Khan said.
Gordon’s panel is investigating alleged mismanagement of PHC by the PCGG through its sequestered parent firm Philippine Overseas Telecommunications Corp. (POTC). PHC is the biggest stockholder in Philippine Communications Satellite Corp.
The commissioners cited by the Senate in contempt were Ricardo Abcede, Nicasio Conti, Narciso Nario and Tereso Javier.
The PHC officials were Benito Araneta, Philip Brodett, Manuel Andal, Julio Jalandoni and Luis Lokin Jr.
Sabio claimed victory.
"The SC upheld the validity of Section 4 (b) and does not limit its charter. We maintain that Section 4 (b) continues to operate. There is absolute immunity as long as these matters are within the purpose of the charter of the PCGG," Sabio said.
Sabio was referring to Executive Order No. 1, which created the PCGG. It says that "no member or staff of the Commission shall be required to testify or produce evidence in any judicial, legislative or administrative proceeding concerning matters within its official cognizance."
During interpellations, Associate Justice Angelina Sandoval-Gutierrez said Sabio’s claim of absolute immunity was weakened by his his assertion that he would comply if the Ombudsman, the Sandiganbayan or the SC would compel him and other officials to testify or produce evidence.
"Therefore you are not absolutely immune from any judicial inquiry. Then why did you advise other PCGG officials not to appear (before the Senate)?" Gutierrez said, noting that no government official under the Constitution enjoys such privilege.
Gutierrez said the refusal of the commissioners to attend the Senate hearings might be viewed as an attempt to cover up for the alleged anomalies in PHC.
"Why couldn’t you just obey the order (to appear before the Senate)? Are you just being elusive because you do not want to know what is actually happening there? Are you scared that they might ask you about the losses incurred? The truth will set you free, you know," Gutierrez said.
Sabio said he declined to appear in the inquiry as this might later affect their efforts to recover ill-gotten wealth, considering that some of the senators who are part of the inquiry have interest in these cases.
"The arrest was illegal. I did nothing wrong except that I did not want to be compelled to testify in the Senate inquiry. I don’t want to go there and present evidence which will later hamper our investigation and efforts to recover ill-gotten wealth," Sabio said.
Solicitor General Antonio Eduardo Nachura, who is representing the PCGG in the case, said the order of the Gordon committee to arrest Sabio and the other commissioners was illegal.
"Only the Senate in plenary has the power to cite officials in contempt and order their arrest and such power cannot be delegated to its committees," he said.
"The power to cite in contempt having been recognized, however, while they are vested with such power, the power to cite a witness in contempt cannot be delegated to the committees because they are not vested with such legislative power," he said.
Nachura also assailed Gordon’s committee for ignoring the rules laid down by the SC on the case of Ermita vs Senate in conducting an inquiry in aid of legislation.
He said the members of the committees failed to indicate the questions they intend to ask and also did not cite what particular law they intend to amend or the law they intend to legislate in inviting the PCGG commissioners to the inquiry.
He said the inquiry is invalid as there was no publication of Senate Rules of Procedure Governing Inquiries in Aid of legislation as well as the rules of the committees, which he said is a clear violation of the Constitution.
Sen. Joker Arroyo, who appeared as counsel for the Senate, said the ratification of the 1987 Constitution repealed Section 4 (b) of EO 1, the provision being incompatible with the Constitution.
"A provision of the 1987 Constitution provides that any incompatibility within the provisions of the Constitution with any existing law will naturally be repealed. So my respectful submission is that, with the ratification of the 1987 Constitution, EO 1, Section 4 (B) was nullified. That is why, no PCGG executives and commissioners ever invoked this particular provision," he said.
Gordon, in an interview said that despite the SC decision Sabio remains technically under arrest and would have to appear before his panel when asked to. "If he does not show up, we will arrest him again," he said. – With Dennis Gadil
THE Supreme Court yesterday ordered the release of Good Government Chairman Camilo Sabio from Senate custody and suspended the arrest warrants against four PCGG commissioners and five officials of Philcomsat Holdings Corp. (PHC) pending resolution of the case revolving on PCGG officials’ immunity.
Agreement was also reached that the Senate committee on public corporations and government enterprises chaired by Sen. Richard Gordon in the meantime would suspend its inquiry into alleged fund diversion at PHC, Supreme Court spokesman Ismael Khan said.
At the conclusion of the oral arguments, Chief Justice Artemio Panganiban imposed a gag order on the parties until the court has resolved the PCGG’s petition for certiorari one month after the submission of the parties’ respective memoranda.
"All parties were ordered to submit memorandum in 15 days after which the court is expected to issue their decision after 30 days. The warrants versus other commissioners are likewise suspended, which means that Sabio is allowed to go home with the consent of the Senate," Khan said.
Gordon’s panel is investigating alleged mismanagement of PHC by the PCGG through its sequestered parent firm Philippine Overseas Telecommunications Corp. (POTC). PHC is the biggest stockholder in Philippine Communications Satellite Corp.
The commissioners cited by the Senate in contempt were Ricardo Abcede, Nicasio Conti, Narciso Nario and Tereso Javier.
The PHC officials were Benito Araneta, Philip Brodett, Manuel Andal, Julio Jalandoni and Luis Lokin Jr.
Sabio claimed victory.
"The SC upheld the validity of Section 4 (b) and does not limit its charter. We maintain that Section 4 (b) continues to operate. There is absolute immunity as long as these matters are within the purpose of the charter of the PCGG," Sabio said.
Sabio was referring to Executive Order No. 1, which created the PCGG. It says that "no member or staff of the Commission shall be required to testify or produce evidence in any judicial, legislative or administrative proceeding concerning matters within its official cognizance."
During interpellations, Associate Justice Angelina Sandoval-Gutierrez said Sabio’s claim of absolute immunity was weakened by his his assertion that he would comply if the Ombudsman, the Sandiganbayan or the SC would compel him and other officials to testify or produce evidence.
"Therefore you are not absolutely immune from any judicial inquiry. Then why did you advise other PCGG officials not to appear (before the Senate)?" Gutierrez said, noting that no government official under the Constitution enjoys such privilege.
Gutierrez said the refusal of the commissioners to attend the Senate hearings might be viewed as an attempt to cover up for the alleged anomalies in PHC.
"Why couldn’t you just obey the order (to appear before the Senate)? Are you just being elusive because you do not want to know what is actually happening there? Are you scared that they might ask you about the losses incurred? The truth will set you free, you know," Gutierrez said.
Sabio said he declined to appear in the inquiry as this might later affect their efforts to recover ill-gotten wealth, considering that some of the senators who are part of the inquiry have interest in these cases.
"The arrest was illegal. I did nothing wrong except that I did not want to be compelled to testify in the Senate inquiry. I don’t want to go there and present evidence which will later hamper our investigation and efforts to recover ill-gotten wealth," Sabio said.
Solicitor General Antonio Eduardo Nachura, who is representing the PCGG in the case, said the order of the Gordon committee to arrest Sabio and the other commissioners was illegal.
"Only the Senate in plenary has the power to cite officials in contempt and order their arrest and such power cannot be delegated to its committees," he said.
"The power to cite in contempt having been recognized, however, while they are vested with such power, the power to cite a witness in contempt cannot be delegated to the committees because they are not vested with such legislative power," he said.
Nachura also assailed Gordon’s committee for ignoring the rules laid down by the SC on the case of Ermita vs Senate in conducting an inquiry in aid of legislation.
He said the members of the committees failed to indicate the questions they intend to ask and also did not cite what particular law they intend to amend or the law they intend to legislate in inviting the PCGG commissioners to the inquiry.
He said the inquiry is invalid as there was no publication of Senate Rules of Procedure Governing Inquiries in Aid of legislation as well as the rules of the committees, which he said is a clear violation of the Constitution.
Sen. Joker Arroyo, who appeared as counsel for the Senate, said the ratification of the 1987 Constitution repealed Section 4 (b) of EO 1, the provision being incompatible with the Constitution.
"A provision of the 1987 Constitution provides that any incompatibility within the provisions of the Constitution with any existing law will naturally be repealed. So my respectful submission is that, with the ratification of the 1987 Constitution, EO 1, Section 4 (B) was nullified. That is why, no PCGG executives and commissioners ever invoked this particular provision," he said.
Gordon, in an interview said that despite the SC decision Sabio remains technically under arrest and would have to appear before his panel when asked to. "If he does not show up, we will arrest him again," he said. – With Dennis Gadil
posted by brodkaster43 at Sabado, Setyembre 23, 2006
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