Winning jurisdictional challenge vs. Senate not easy –law expert

The Binay family may be up against the wall in contesting the jurisdiction of the Senate blue ribbon subcommittee in investigating the alleged overpricing in the Makati City Hall Building II.

According to constitutional law expert Oscar Tan, it is difficult to win a jurisdictional challenge against the Senate.

“Ang kailangan lang naman para sa jurisdiction, ipakita nila kung anong klaseng batas ang naiisip nila,” said Tan on Thursday in an interview with GMA News TV's “News To Go.”

Tan, co-chairperson of the Philippine Bar Association Committee on Constitutional Law, said this was shown by how Senator Aquilino “Koko” Pimentel III, the subcommittee's head, belied the Binay camp's claims that the investigation was not in aid of legislation.

Tan said the Senate's power of investigation allows them to make such inquiries. “Dahil kung hindi ka pwedeng kumuha ng impormasyon, kung may tinatago silang impormasyon tungkol sa sensitibong bagay, mahihirapan kang gumawa ng batas," he said.

Blue ribbon

On Wednesday, the subcommittee denied with finality the jurisdictional challenge raised by Makati Mayor Junjun Binay, who, along with his father Vice President Jejomar Binay, a former Makati mayor, is accused of benefitting from the allegedly anomalous Makati City Hall Building II project.

In a statement before the hearing, Pimentel said some of the ideas from the hearing that could be filed as a bill were “the mandatory videotaping of the bidding process, rotation of Commission on Audit personnel to prevent familiarization and camaraderie with the subject of their audit, rotation of members of the Bids and Awards Committee to prevent the same evil as that being prevented in COA, definition of presumption of overpricing, and implementation of one project, one ordinance policy.”
 
Pimentel reiterated that under the Senate rules, the jurisdiction of the blue ribbon committee—formally known as committee on accountability of public officers and investigations—is on:

* All matters relating to, including investigation of, malfeasance, misfeasance and nonfeasance in office by officers and employees of the government, its branches, agencies, subdivisions and instrumentalities;
* implementation of the provision of the Constitution on nepotism; and
* investigation of any matter of public interest on its own initiative or brought to its attention by any member of the Senate.

Supreme Court

Following the Senate's decision, Mayor Binay's camp announced that they will elevate the issue to the Supreme Court, which Tan said might not be a good idea.

“Sabihin na natin na para siyang hambog, o nagsasayang ng oras, o medyo kabobohan ang iminumungkahing batas, pasado pa rin 'yon sa jurisdiction at napakahirap pakialaman ng Korte Suprema ang gano'ng pasya," he said.

If the Supreme Court sides with the Binays, Tan said the most it could do is to refrain complainants from talking about the case.

“Siguro ang pwede, di pagsasalitain ang ilang tao na nagreklamo dahil may pending case laban sa kanila. Kailangan tingnan na wala pong kaso sa hukuman. Imbestigasyon pa lang ito sa Ombudsman, wala pang sinasampa sa Sandiganbayan," he said.

Arrest

Tan also said the blue ribbon committee as a whole may vote to arrest those who refuse to attend the hearings, including the elder Binay, who Tan said "technically" has no immunity over it.

Once at the Senate floor, however, the Binays have the right not to answer questions, he added.

“Kailangan ngang tandaan na pwede silang damputin at dalhin sa Senado, pero kung ayaw nilang sumagot sa ilang tanong dahil sabi nila, 'Ayaw naming tumestigo [laban] sa aming sarili, ito ay labag sa aming right against self-incrimination,' hindi sila pwedeng piliting sumagot sa mga tanong," Tan said.

The Binays may use their right against self-incrimination to justify their claim that they would prefer to answer the matters at a proper venue.

“Dahil sa Senado wala pa ang proteksyon ng isang hukuman," Tan said.

Blue ribbon subcommittee members earlier said they will look into possibly ordering the arrest of Mayor Binay and some officials who had snubbed the previous hearings.

Sen. Alan Peter Cayetano, however, said they will not order the older Binay's arrest in respect to his position. —Rose-An Jessica Dioquino/KBK, GMA News