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Thursday, September 14, 2006
Gov't asks high court to order Senate to present official
MANILA -- Government lawyers on Wednesday asked the Supreme Court (SC) to compel the Senate to present detained Presidential Commission on Good Government (PCGG) Chairman Camilo Sabio before the tribunal and to justify his arrest and imprisonment.
In a petition for habeas corpus, PCGG legal department director Jay Miguel assailed the legality of Sabio's detention.
Sabio was ordered arrested after he refused to attend for the third time the hearing of the Senate committees on public corporations and on public services on the Philcomsat Holdings Corporation (PHC) fund mess.
The PCGG also asked the high court to nullify all orders and issuances of the Senate relative to Sabio's detention and to permanently restrain the body from ordering his arrest and detention.
"Chairman Sabio has no personal knowledge of the alleged improprieties in the operations of the corporations by their board of directors. There is therefore no reason to summon him to testify on these matters. Transactions refer to matters which allegedly transpired prior to his appointment to PCGG," the PCGG said.
The pleading was basically the same in content as the petition for certiorari that the PCGG filed on Tuesday.
The PCGG maintained that the respondents disregarded Section4 (B) of Executive Order 1, without any apparent reason, in ordering the arrest and detention of Sabio and other PCGG commissioners.
This provision states 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."
Miguel said the provision should be considered a limitation on the power of legislative inquiry and provides protection to the PCGG to ensure the unhampered performance of its duties under its Charter.
For his part, Justice Secretary Raul Gonzalez Sr. refuted the claim of Senator Joker Arroyo that EO 1 has already been repealed by the 1987 Constitution.
Gonzalez, however, said Malacañang would not meddle in the current controversy involving PCGG commissioners since the officials have not invoked executive privilege but EO 1 in snubbing the Senate hearings.
Petitioners in the case include PCGG Chairman Camilo Sabio, and Commissioners Narciso Nario, Ricardo Abcede, Tereso Javier, and Nicasio Conti and PCGG nominees to Philcomsat Manuel Andal and Julio Jalandoni.
Respondents are Senator Richard Gordon, chairman of the committee on government corporations and public enterprises, and its committee members; members of the committee on public services; Senator Juan Ponce Enrile, who is a member of both committees; and Senate President Manuel Villar.
The petitioners said the inquiries conducted by the Senate committee are not in aid of legislation and that these were being conducted without any published rules of procedure, in violation of the SC ruling on EO 464 (Senate versus Secretary Eduardo Ermita), which bans the appearance of executive officials in congressional inquiry without prior consent of the President.
The PCGG said the inquiries are highly irregular with the participation of Enrile, citing that the senator has minority interest in Philcomsat.
"The matter subject of the inquiries covers ill-gotten wealth cases instituted by the Republic wherein respondent Senator Enrile was impleaded as a principal defendant. Being a principal defendant in the aforementioned cases, and given his clear pecuniary interest in the corporations subject of the inquiries of the Senate committees, Senator Enrile's membership and active participation in the proceedings thereof are irregular," petitioners said.
Gonzalez said its "sub judice" if he would give his legal opinion on the matter considering the case is already with the SC.
Gonzalez further said he does not believe that a constitutional crisis would ensue because of Sabio's arrest.
Sabio is expected to attend Thursday's Senate hearing on the alleged looting of assets of Philcomsat Holdings Corporation.
Senator Gordon said on Wednesday that Sabio confirmed his attendance in the hearing when the senator visited him in the Senate medical and dental office.
"I visited him to inform him that we will be bringing him to the hearing so that he would not be surprised tomorrow (Thursday). So that he may answer and know the side of the complainants," Gordon said in a briefing. "And he said he will go," he added.
The senator urged PCGG Commissioners Abcede, Conti, Javier and Narciso Nario to surrender to the Senate because Sabio will not be released until they all appear before the Senate either voluntarily or through arrest.
"He should be man enough to defend himself if he has nothing to hide," Gordon said of Abcede whom he said had allegedly received a Toyota Camry from Philcomsat as well "controlling interest" in the company.
Abcede got the ire of the senator for his statement that he won't be surrendering to the Senate because the senators will only embarrass them. "I am not hiding, but fighting," the PCGG commissioner said.
"We have documents showing that he received the car. The name of the customer was his, but his name was erased and changed to Philcomsat. The car was delivered to his house at 120 Amorsolo St., Makati City," Gordon said.
Dr. Marianito Blancia Jr., Senate medical and dental services director, said Sabio is fit to testify on Thursday hearing. "He has no ailment except hypertension," said Blancia.
Blancia also said Sabio's blood pressure is still unstable. It was at 130/90 around 11 p.m. Tuesday and 140/100 on Wednesday morning, which is quite above normal.
Blancia and Sabio's personal physician, Dr. Francisco Dizon, have recommended the transfer of Sabio to the University of Santo Tomas (UST) Hospital because of his hypertension but the PCGG chair declined.
Gordon said the Senate would bring the PCGG chief to the hospital if his hypertension got worse on or during Thursday's hearing. "The hearing will continue even if we bring him to the hospital," he added.
Enrile said he will file a libel suit against Abcede for saying the senator has vested interest in Philcomsat.
The senator said the stake of his daughter Katrina in the company had nothing to do with his fight to eradicate corruption in the Philcomsat that allegedly involves PCGG officials who have positions in the sequestered corporation.
Enrile, who was also accused by Abcede of being a Marcos crony, said the PCGG official met with him and Katrina weeks ago wherein the commissioner tried to bribe them to change their stand.
Katrina, who will join her father in the libel case to be filed in Cagayan against Abcede, was also offered a higher position in Philcomsat.
Sabio, meanwhile, will be the one defending himself in the petition for habeas corpus the Office of the Solicitor General filed before the Supreme Court (SC).
"He is more than competent to argue his case and we're encouraging him to do that," Solicitor General Antonio Eduardo Nachura told reporters. "But the solicitor general will remain as his legal counsel," he added.
Nachura went to the Senate Wednesday to have the draft petition for habeas corpus reviewed by Sabio. The solicitor general then attended a Senate hearing on the 2007 national budget.
The solicitor general said Sabio has made minor changes in the petition that was filed before the SC in the afternoon.
The Office of the Solicitor General on Tuesday filed a petition for prohibition and certiorari with prayer for a temporary restraining order and injunction to stop the Senate from enforcing the arrest order issued against Sabio and other PCGG and Philcomsat officials
But the Senate sergeant-at-arms was able to arrest Sabio at the PCGG office Tuesday morning on the strength of an arrest warrant that the Senate committee on government corporations and public enterprises and on public services issued Monday. (ECV/REC/Sunnex)
(September 14, 2006 issue)
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