Senate panel asked to rule on Binay petition

MANILA, Philippines - Makati City Mayor Jejomar Erwin Binay yesterday asked the Senate Blue Ribbon committee to collectively decide on their petition questioning the jurisdiction of the Senate over the issue of an overpriced building.

Lawyers of Binay made the call after the Senate Committee on Accountability of Public Officers and Investigations, the sub-panel of the Blue Ribbon committee hearing the alleged overpricing in the construction of the Makati City Hall Building 2, earlier dismissed the jurisdictional challenge posed by Binay.

Binay’s lawyers led by Claro Certeza also asked the Blue Ribbon committee to suspend the inquiry pending the final ruling.

Certeza cited a provision in the Senate rules that in the event a jurisdictional challenge is filed, the question should be resolved first before proceeding with any inquiry.

The subcommittee headed by Sen. Aquilino Pimentel III dismissed Binay’s jurisdictional challenge despite the objection raised by Certeza.

Certeza said the decision was void for having been made with “grave abuse of discretion amounting to lack or excess of jurisdiction.”

“The subcommittee has arrogated upon itself the power to rule on the jurisdictional challenge,” he said.

Certeza cited Resolution No. 5 of the Senate Rules of Procedure, which states that if the Committee, by a “majority vote of its members present there being a quorum, decides that an inquiry is pertinent or relevant to the implementation or re-examination of any law, it shall overrule such objection and proceed with the investigation.

“The Senate rules clearly require that any jurisdictional challenge must be decided by the whole Blue Ribbon committee and not by a mere subcommittee,” Certeza said.

Certeza noted serious issues raised in the jurisdictional challenge, including the constitutional rights of Binay that are being violated unless the Senate Blue Ribbon committee, acting as a whole, resolves the question. – With Marvin Sy