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Friday, September 22, 2006
High court suspends arrests of good gov't chief, probe
MANILA --The Supreme Court (SC) on Thursday ordered the release of Presidential Commission on Good Government (PCGG) Chairman Camilo Sabio after it suspended the hearings being conducted by the Senate committee investigating the Philcomsat fund anomaly.
Even before the High Court gave the order, the Senate already released Sabio.
At the conclusion of the oral arguments, Chief Justice Artemio Panganiban also imposed a gag order on parties until the court has resolved the PCGG's petition for certiorari one month after the submission of the parties' respective memoranda.
The High Court likewise suspended the serving of the arrest warrants against other PCGG officials and Philcomsat officers who were also cited in contempt by the Senate committee on public corporations and government enterprises.
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.
SC spokesman Ismael Khan said in an interview that the parties reached an agreement that the Senate proceedings will be suspended.
"All parties ordered to submit memorandum in 15 days after which the court is expected to issue their decision after 30 days. The warrants versus other commissioners are likewise suspended and the Senate proceedings, which means that, effectively, Sabio is allowed to go home with the consent of the Senate," Khan said.
In Thursday's oral arguments, SC justices tested and scored the claim of Sabio that he enjoys "absolute immunity" from any judicial, legislative or administrative proceeding concerning matters within its official duties.
Sabio told the court en banc that members or staff of the PCGG also has absolute immunity insofar as testifying or presenting evidence in matters within their official cognizance.
"The SC upheld the validity of Section 4 (b) and does not limit its charter. We maintain that Section 4 (b) continues to operate. There is absolute immunity as long as these matters are within the purpose of the charter of the PCGG," he said, citing the Section 4(b) of former President Corazon Aquino's Executive Order (EO) 1, which created the PCGG.
Under this provision, "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."
The oral arguments were called after the SC gave due course to hear Sabio's petition for habeas corpus after his arrest and detention on orders of Senator Richard Gordon, Senate government corporations committee chairman.
Gordon cited Sabio in contempt due to his refusal to attend the inquiry on the alleged anomalous losses incurred by the sequestered firm Philippine Overseas Telecommunications Corporation, which owns the Philcomsat Holdings Corporation.
During interpellations, Associate Justice Angelina Sandoval-Gutierrez pointed out that Sabio's claim of absolute immunity ceases to be true because of his assertion that he would comply if the Ombudsman, the Sandiganbayan or the SC would compel him and his officials to testify or produce evidence.
"Therefore you are not absolutely immune from any judicial inquiry. Then why did you advise other PCGG officials not to appear?" Gutierrez said, noting that no government official under the Constitution enjoys such privilege.
Gutierrez further said the refusal of the commissioners might be viewed as an attempt to cover up for the alleged anomalies in the Philcomsat.
"Why couldn't you just obey the order (to appear before the Senate)? Are you just being elusive because you do not want to know what is actually happening there? Are you scared that they might ask you about the losses incurred (in Philcomsat). The truth will set you free, you know," Gutierrez asked Sabio.
But Sabio explained that he declined to appear in the inquiry as this might later affect their efforts to recover the Marcoses ill-gotten wealth considering that some of the senators who are part of the inquiry have interest in the cases.
"The arrest was illegal. I did nothing wrong except that I did not want to be compelled to testify in the Senate inquiry. I don't want to go there and present evidence which will later hamper our investigation and efforts to recover ill-gotten wealth," Sabio told the magistrates.
Solicitor General Antonio Eduardo Nachura, who is representing the PCGG in the case, insisted that the order of Senate committees to arrest Sabio and the other commissioner due to the refusal to attend to their hearings was illegal.
Only the Senate in plenary has the power to cite officials in contempt and order their arrest and such power cannot be delegated to its committee, Nachura said.
"The power to cite in contempt having been recognized however while they are vested with such power, the power to cite a witness in contempt cannot be delegated to the committees because they are not vested with such legislative power," he said.
Nachura also assailed the committee chaired by Gordon for ignoring the rules laid down by the court on the case of Ermita versus Senate in conducting inquiry in aid of legislation.
He said the members of the committees failed to indicate the questions they intend to ask nor to cite what particular law they intend to amend or the law they intend to legislate in inviting the PCGG commissioners to the inquiry.
He further said the inquiry is invalid as there was no publication of Senate Rules of Procedure Governing Inquiries in Aid of legislation as well as the rules of the committees, which is a clear violation of the Constitution.
"There was no publication of the rules made by the Senate in the 11th, 12th and 13th Congress. There is a need for the Senate to publish its rules since a new Congress is not bound by the old Congress," Nachura said.
Senator Joker Arroyo, who appeared as counsel for the Senate, said the ratification of the 1987 Constitution has already repealed Section 4 (b) of EO 1, being incompatible with the provisions of the Constitution.
"A provision of the 1987 Constitution provides that any incompatibility within the provisions of the Constitution with any existing law will naturally be repealed. So my respectful submission is that, with the ratification of the 1987 Constitution, EO 1, Section 4 (B) was nullified. That is why, no PCGG executives and commissioners ever invoked this particular provision," he said.
At the Senate, Senator Gordon said he has released Sabio.
"Technically, he's still under arrest, but he is now free to go home after the oral argument at the Supreme Court (SC)," he said. "No (Senate) guard would watch over him and no waiver that will ensure he will come back whenever we call him for a hearing," he added.
Gordon's committee is looking into the alleged dissipation of assets of the Philcomsat.
Gordon however said the arrest warrant against Sabio is still in effect.
The Senate sergeant-at-arms are still hunting down PCGG Commissioners Ricardo Abcede, Nicasio Conti, Narciso Nario and Tereso Javier and other PHC officials for their refusal to attend Senate investigations.
"If he (Sabio) fails to return for the investigation, we will enforce the arrest warrant against him. But if he wishes to stay, he's free to do that. We will also ask to guard him in the Senate clinic," the senator said.
In an interview before leaving the Senate Thursday for the oral argument in SC for his petition for writ of habeas corpus, Sabio said he would never leave the Senate until the High Tribunal resolves his case.
"If there's no ruling, I will come back here," he added.
Sabio's wife, Marlyn, supported him. "No (he won't leave the Senate after the oral argument). Supreme Court will be the one to say if he can. If the Supreme Court will say he can't then he can't leave," she said.
Gordon and Senator Juan Ponce Enrile, meanwhile, maintained that they received surrender feelers from PCGG Commissioners Conti and Nario.
Gordon said Conti, through a third party who brokered the talks, claimed that Sabio and Abcede were the only ones "improper" in the commission.
Enrile, on the other hand, said Nario was the one who called him up on his cellular phone Monday after the Senate session. "He was asking me how he could surface. I told him to talk to the committee chair (Gordon) about it."
"He (Nario) can't deny that because his number is registered in my cellphone," the senator said. "I also told him we're not harming him and the Senate is only asserting its right (to effect the arrest for contempt)," he added. (ECV/REC/Sunnex)
(September 22, 2006 issue)
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