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Tuesday, February 10, 2004
Senate undecided on filing of raps v. Manapat
MANILA -- Senators investigating National Archives director-on leave Ricardo Manapat failed to adopt a committee report recommending the filing of charges against him for fabricating documents used as basis in a disqualification case against presidential aspirant Fernando Poe Jr.
Senate secretary Oscar Yabes said the committee report failed to gather enough votes to be adopted because while nine senators voted to adopt it, nine others abstained.
This, as anti-graft agency chief Dario Rama explained to the Supreme Court (SC) that the subpoena he issued on documents allegedly fabricated by Manapat "was never intended to disrespect or undermine the authority of the Honorable Court."
Rama further said the subpoena was in line with the investigation of the Presidential Anti-Graft Commission (PAGC) on the matter.
At the Senate, Yabes, who authorized by Senate President Franklin Drilon to discuss the status of the committee report, said there are only nine senators who voted for its adoption, short of one vote to get the nod of the committee, which at that time, has 18 senators.
"The motion is not carried. There are 18 senators and majority has the authority to affirm any motion. The majority of 18 should be 10. They were only nine who voted for the motion so the motion is not carried," Yabes said.
Committee Report 517, prepared by the Senate committee on constitutional amendments, was reported on Friday to the plenary but majority of the senators abstained because they want to study further the findings since these involve sensitive issues.
Yabes criticized Aluino Tolentino, executive director of legislation, who told Sen. Edgardo Angara in a letter that the Senate adopted the committee report because it garnered a majority vote of nine.
"Attorney Tolentino is not authorized to issue any official opinion on the matter and whatever statement he makes is purely his own opinion. It has no binding effect," Yabes said.
Sen. Rodolfo Biazon said the committee report could be reintroduced on May 24, when Congress resumes session since the report was not adopted nor rejected.
Senate majority leader Francis Pangilinan has warned opposition senators that if they defy the ruling of the Senate president, the Senate's democratic processes would be undermined.
He urged them to respect the action taken by the Senate, which is a collegial body.
Pangilinan, together with Senators Joker Arroyo, John Osmeña and Manuel Villar, said the committee report on Manapat was not carried by the Senate therefore its recommendations and findings would not be binding. JPM
(February 10, 2004 issue)
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