Miriam Santiago: VP Binay's refusal to face Senate panel implies guilt

By AMITA O. LEGASPI, GMA News

Published October 10, 2014 1:13pm

(UPDATED 4:05 p.m.) Vice President Jejomar Binay's continued refusal to answer the accusations of corruption against him before the Senate Blue Ribbon Subcommittee implies guilt and may even constitute betrayal of public trust, an impeachable offense, Senator Miriam Defensor Santiago said on Friday.

Santiago, a former regional trial court judge and a constitutional law expert, said Binay was free to decline the subcommittee's invitation to answer the allegations against but added that he would have to suffer the adverse consequences of his inaction.

“I’m afraid it will imply guilt. You don’t want to talk, you are being accused of grave crimes, in fact the worst crimes under our criminal law, you don’t want to say a word and you are saying, 'No I will say my piece in some other places or some other time but not now,' without giving an acceptable excuse on why you cannot answer the evidence against you right now,” Santiago said.

Cavite Governor Jonvic Remulla, Binay’s spokesperson, said the Vice President was ready to answer the accusations “but on a level playing field.”

“If the interest of the Senate were really in aid of legislation then the Vice President would readily attend. What we have are three senators who are not after the truth but political points only,” Remulla said in a text message to GMA News Online.

Remulla said Binay would again address the public to answer the new allegations against him. Binay has done so before after allegations of graft were first made before the Senate subcommittee.

Vice Mayor Ernesto Mercado has told the Senate subcommittee that Binay received a 13-percent kickback for every contract entered into by the Makati City government during his term. Mercado has also accused Binay in the same forum of owning a 350-hectare property in Rosario, Batangas.

Engineer Mario Hechanova, former Makati general services department head and vice chairman of Bids and Awards Committee, has also accused Binay of rigging the biddings in the city during his time.

The Senate subcommittee has already sent Binay two invitations to answer the allegations against him. The first was when Mercado accused the former Makati mayor of receiving kickbacks from city hall contracts. The second was when Mercado presented images of the Batangas property, that featured mansions, an airconditioned piggery and other expensive improvements.

Santiago said Binay should face the Senate and prove his innocence there.

“That is the normal reaction of an innocent person, he flies up and down, he tears at his hair, drives himself to the roof, he shouts to high heaven for justice and then he presents his evidence. He cannot just say they are all lies, I deny all of them," Santiago said.

"That is not a defense. The presumption of innocence is not a defense in law, it is mere presumption,” she added.

Santiago added that Binay couldn't just say that he would present evidence only before the Ombudsman where the charges were filed.

“He does not have that choice. We operate on a rule of law. There is no legal basis, whether the Constitution or any other ordinary law that gives a person suspected of violating our penal and other criminal laws the choice or power to choose his forum. He cannot choose his forum,” she said.

Hollow protestations

Santiago wondered why Binay allowed Mercado have the forum all to himself.

“If you are innocent why allow him to enjoy that advantage over you since only once side will be heard by the public. His protestations are hollow because of the evidence presented against him,” Santiago said.

“Nasa sa kanya yun. He just continue to maintain his innocence without adding anything, without meeting the issue head on so the issues are not joined, there is only one person, the accuser, we never hear from the accused except his protestations,” she added.

“The issue is did you steal money from the government. Here is the proof that you did, so present proof that you did not,” Santiago added.

The Vice President said he would not attend the Senate Blue Ribbon Subcommittee hearing on the issues despite again being invited to air his side on the charges.

Binay has denied any wrongdoing in running the affairs of the city while he was its mayor. He has said that the allegations against him weren't supported by any evidence.

But Santiago said only the most perverse mind can invent that accusations and hope to prove it on court.

“It is difficult to prove these allegations. That person must be holding evidence in his hand. The terms used in the Constitution are broad enough to cover these accusations against the Vice President supported by the evidence so far, that’s because he does not present any evidence,” Santiago said.

Impeachable

Santiago said Binay’s refusal to answer the allegations against him before the Senate Blue Ribbon Subcommittee could also constitute an betrayal of public trust, an impeachable offense, Senator Miriam Defensor Santiago said on Friday.

Santiago said the people looked up to Binay as the country’s second highest elected official.

“In case the President dies they (the public) expect you to have the same competence and efficiency and therefore the same level of service to the people. Then all of the sudden, there is a horrendous accusation against you which to the mind of a reasonable person cannot just have been invented,” Santiago said in a press conference in Muntinlupa City.

“If that is the case, by becoming a subject of sheer accusations without answering them fully and immediately, the person already betrays the public trust. It already constitute a betrayal of public trust,’ the senator added.

When asked if there was still time to file an impeachment complaint against Binay, Santiago, however, replied in the negative.

“It seems like physical improbability because you have to go through some sort of preliminary investigation by the House of Representatives, they conduct their own investigation there and then they file what is in effect a complaint with the judge which constitute the senators,” Santiago said.

“All of that will take a lot of time particularly since lawyers are very, very addicted to delay (in the proceedings), the more delayed the case, the higher the lawyer’s fee,” she added.

Santiago added that the public was engaging in educated speculation because the media has been “marvellous in educating the.. audience.” She said that the decline in Binay’s approval rating proved that the charges against him were sticking to the public's consciousness. —NB, GMA News

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