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Friday, October 24, 2008
Santiago orders arrest of ‘euro general’
MANILA -- Former police comptroller Eliseo dela Paz will question before the Supreme Court the Senate’s arrest order for his non appearance on Thursday’s hearing on the Moscow ‘contingency fund’ controversy.
Sen. Miriam Defensor-Santiago, chairperson of the Senate committee on foreign relations that is investigating the incident, cited dela Paz for contempt for failing to heed the Senate subpoena issued against him and his wife, Maria Fe.
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She ordered the arrest of the retired police official.
However, Senator Juliana Pilar “Pia” Cayetano, who is the Senate officer-in-charge since Senate President Manuel Villar Jr. is in the Europe for official functions, could not yet sign the warrant because it might require the backing of the majority of the senators.
Villar who is due to arrive Friday is expected to assign the arrest order.
Moscow customs authorities stopped dela Paz last Oct. 11 for bringing an undeclared 105,000 euros or approximately P6.9 million. Dela Paz was among those who attended the 77th Interpol General Assembly in St. Petersburg.
Lawyer Noel Malaya, who represented dela Paz during the hearing, said Santiago’s panel did not have the authority to throw out his motion.
“Dela Paz is seeking a review by the SC of the arrest warrant because the committee was in no position to issue such an order as it was not the appropriate Senate panel to investigate the matter,” he said.
Malaya submitted to the committee a motion challenging the jurisdiction of the foreign relations committee to investigate the Moscow incident. He also asked the committee to quash the subpoena, a matter which irked Santiago.
“As you see there is virtually nothing that inhibits a Senate committee from investigating a matter whether or not there is a pending bill for it may refer to any other matter as specified in section 3 of the rules governing inquiries,” Santiago said.
But Malaya, upon his exit from the Senate session hall after being berated by Santiago, told reporters that his client believes the committee has no jurisdiction over the issue.
Instead, the Senate committee on public safety and order chaired by Sen. Gregorio Honasan, or the committee on finance which Sen. Juan Ponce Enrile chairs can handle the investigation, he said.
“What aspect of foreign relations was involved in the incident? There was no government to government transaction... Only one incident is involved; it is the incident in Moscow. It is a local issue as far as my client is concerned,” said Malaya.
Santiago directed her order for dela Paz’s arrest to Senate sergeant-at-arms Jose Balajadia.
“I command you to arrest him now and bring him here if possible,” Santiago told Balajadia during the hearing.
In a statement read by his lawyer before the start of the public hearing, dela Paz said: “I am only too willing to appear before the Senate so I can prove my innocence in the charges that have been unfairly hurled by certain quarters against me and the other delegates to the Interpol Conference. However, certain developments have taken place this week that have prompted me to reconsider my original disposition.”
Dela Paz also doubted he could get a “fair trial” in the committee.
“Initial media reports have bared that I will be invited to this hearing to shed light on the issue. However, I was surprised yesterday (Wednesday) to receive a subpoena demanding that I appear and submit all documents pertinent to the official trip,” dela Paz said.
“I believe this is unfair, for it is my understanding that subpoenas are issued only against those who have ignored invitations by congressional committees,” he pointed out.
Other personalities who attended the hearing included Justice Secretary Raul Gonzalez Sr., Interior and Local Government Secretary Ronaldo Puno, Budget Secretary Rolando Andaya, PNP Chief Jesus Versoza, Commission on Audit chairman Reynaldo Villar, National Police Commission (Napolcom) vice chairman Eduardo Escueta, and some of the delegates to the Interpol.
Senator Juliana Pilar “Pia” Cayetano, who is the Senate officer-in-charge, suggested to dela Paz to come out instead of waiting to be arrested.
“I think dela Paz owes it to the Filipino people to make himself available. The Senate is a constitutional body which has the authority and the mandate to investigate issues. He should appear in the committee. Why hide? I think he should have cleared his name and appeared,” Cayetano said.
Versoza, who mostly received the brunt of the senators rile for failing to account where the money caught from dela Paz came from, told the committee members that he was not informed that dela Paz will not attend Thursday’s hearing.
Versoza said the issue is still subject of a police investigation and assured that there would be no whitewash in it.
“Should our men be later found guilty of any criminal and/or administrative infraction, appropriate disciplinary action will be undertaken. We will not tolerate any wrongdoing while at the same time giving every man his fair share of due process and equal protection of the laws,” he said.
When asked by Senator Manuel Roxas II, who is the committee vice chairman, who authorized the release of the P6.9 million “cash advance,” the PNP chief denied any knowledge about it saying “Eliseo (dela Paz) did it on his own.”
He said he only learned that dela Paz made the cash advance through Senior Superintendent Tomas Rentoy, budget division chief of directorate for comptrollership of the PNP.
According to Versoza, it was Rentoy who issued a certification saying that he had authorized the release of the cash advance.
Roxas said he would file a complaint with the Department of Justice on the misuse of taxpayers' money for foreign trips, and told the justice secretary that he expects quick action on it.
He also criticized Versoza's denial that he approved the release of the money caught from dela Paz, contrary to PNP procedure, and the PNP chief's inability to provide a straight story on where the money came from.
According to him, the Moscow incident showed a lax attitude towards use of the people's money and the government's inefficiency in disciplining its officials.
For his part, Senator Francis Pangilinan, a member of the committee, called for the immediate suspension of all PNP officials involved in the mess.
"All PNP officials connected with this controversy must be suspended as a preventive measure. We should not open the pieces of evidence of this case to manipulation, especially when we're dealing with highly-placed officials of this agency. Let's not give anyone the chance to tamper with the evidence," Pangilinan said.
Other senators condemned the Moscow incident, saying it caused international embarrassment to the Philippines. (AH/Sunnex)
For more Philippine news, visit Sun.Star Cagayan de Oro. (October 24, 2008 issue)
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