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Saturday, September 09, 2006
House ethics committee may not act on case v. congressman
THE complaint filed by the First Family against opposition Taguig-Pateros Representative Alan Peter Cayetano may not be acted upon, said the chairman of the House ethics committee on Friday.
Committee chairman Bohol Representative Roberto Cajes, an administration congressman, cited the argument of opposition congressmen that the committee could not act on a certain complaint once a criminal case has already been filed before a local court.
Citing Section 2, Paragraph 3 of the Rules of Procedures, the House, particularly the ethics committee, could not act on the complaint against any member of the House if and when a same case was filed at a local court.
First Gentleman Jose Miguel Arroyo, his son Pampanga Representative Juan Miguel Arroyo and brother, Negros Occidental Representative Ignacio Arroyo, earlier filed the complaint against the Taguig-Pateros congressman in connection with the legislator's claim that the First Family maintains a multimillion-dollar account with a German bank.
A P32 million libel case was filed against Cayetano by the Arroyos before a Quezon City Prosecutor's Office. It was filed ahead of the complaint submitted to the House ethics committee.
Cajes said the technical issue will be used by Cayetano and his colleagues in the minority bloc to seek the dismissal of the complaint filed against him. And the committee could not just ignore what is being written in the rules, the chairman said, adding that the complaint may either be dismissed or deferred.
He added though that if the Arroyos are determined to pursue their complaint against Cayetano, and want him expelled from the House, they could consider withdrawing the P32 million libel suit against the congressman.
Cajes added that they could file again the libel case after the expulsion case is decided upon by the house.
For opposition congressman Roilo Golez of Parañaque City, it is not actually the House rule that is the main factor that could probably save Cayetano but the sentiment of their colleagues, both from the administration and the opposition.
Besides, he added, many congressmen do not want to place the integrity of the entire House in question by acting on the complaint filed by two members of Congress against a colleague.
A similar sentiment was raised by Muntinlupa City Representative Rufino Biazon, who said the complaint against Cayetano is an "integrity test case" for the House of Representatives than that of the recently- concluded impeachment proceedings against President Gloria Macapagal-Arroyo.
Biazon said if the impeachment complaint has put the integrity of the Lower House in question, much more in this case where the House is expected to act on the complaint of two congressmen against a colleague.
"This is a test of the integrity of the House, more than that of the impeachment. The House of Representatives will be judged here as a whole if they judged fairly a colleague or will favor a patron or patrons," Biazon said.
This was echoed by House Minority Leader Francis Escudero, who described the complaint against Cayetano as "not just an attack to the Taguig-Pateros congressman but on the entire institution." "It is nothing but a vain attempt to silence and cow members of Congress," he said in a text message.
Biazon said the prudent thing that the members of the House or the ethics committee can do is to defer any action on the complaint so as not place the entire institution in doubt once again.
"People already know that they (administration congressmen) have already shown their support to the First Family, so how could we explain to them that the one being complained about will get a fair trial?" he said.
"It is better if the House would just hold back its action on the complaint and to render any judgment on Representative Cayetano only after the local court has its ruling," said Biazon.
Escudero, for his part, said the committee could not actually act on the complaint since there was already a criminal case filed against Cayetano.
Another congressman, meanwhile, suggested that congressmen who accompanied the Arroyos in a press conference on their case against Cayetano should inhibit themselves from the hearing at the ethics committee.
"Just to make the hearing a little credible in the eyes of the people, it is better that those who had already shown their bias towards the First Family should inhibit themselves, para hindi naman masyadong nakakahiya (so it won't be that embarrassing)," said a member of the opposition, who did not want to be named.
Biazon supported the suggestion. "I think that is a better thing to do in any case they will proceed with the hearing."
At least eight administration congressmen accompanied the Arroyos in the press in a conference last Wednesday. They said they were there to show support to the First Gentleman and to their two colleagues. Among them were Representatives Eduardo Veloso of Leyte, Benasing Macarambon of Lanao del Sur, Raul Gonzalez Jr. of Iloilo City, Rodolfo Antonino of Nueva Ecija and Danilo Suarez of Quezon.
Macarambon, for his part, said he is not buying the suggestion that he should inhibit himself from the hearing. In a statement, he said while he is openly supportive of the Arroyos, it would not have any bearing when the time comes for him to decide on the complaint.
"Nobody can take away that right from me to act as a member of the ethics committee because I was duly elected by the plenary as member of the committee," Macarambon said.
"As far as the ethics committee is concerned, it is wrong for anyone to presume that a member won't do his or her job fairly," he said as he pointed out that he and his colleagues in the administration's impartiality remains unimpaired.
Bacolod City Representative Monico Puentevella, meanwhile, criticized the opposition for claiming that the filing of the case against Cayetano was meant to intimidate the opposition. Actually, he said, it was the opposition that is intimidating the First Family, and their (Arroyos) action was just to defend their name.
Meanwhile, Senator Pilar Juliana "Pia" Cayetano on Friday defended her younger brother, Alan Peter, from all the accusations of the First Family.
"I stand by my brother," she said in a briefing after being silent for days about the issue involving congressman and the family of President Arroyo.
"I respect what he has been doing in his work. I know he would not make an issue for personal interest. I trust him," Senator Cayetano said. "He has done his research. He's a lawyer and a congressman for three terms. He does his homework," she added.
"I know where I am coming from, where my family is coming from and we walk with humility and always remembering we carry the name of our father (the late senator Renato Cayetano)," she said.
The senator said they still recognize the support the First Family gave them in the 2004 elections.
Senator Cayetano however is saddened that that they are being accused of not honoring what the First Family did to them saying "I'm saddened because they are now accusing us that we've failed to recognize the support they gave. If that's your views Tito Mike (Mr. Arroyo), I want to say thank you for all the help." (DBP/REC/Sunnex)
(September 9, 2006 issue)
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