Drilon questions Senate panel’s jurisdiction over complaint vs De Lima

MANILA, Philippines – Senate President Pro-Tempore Franklin Drilon on Tuesday questioned the Senate Committee on Ethics and Priveleges’ jurisdiction over the complaints filed against party-mate Sen. Leila De Lima.

Drilon called on the Senate panel to discuss the issue on jurisdiction before the determination of form and substance because he said De Lima’s alleged involvement in illegal drug trade supposedly occurred before she was elected a senator.

The complaint was filed by lawyer Abelardo De Jesus. 

Drilon said proceeding with the investigation despite authority issues hounding the case would be “adversarial.”

“Sakop ba ito sa ating jurisdiction? And, as correctly pointed, ito po ay baka based on acts which were allegedly done prior to the respondent being a senator. I actually question, will the determination of form and substance include this issue? Which issue is primordial and should be decided first even before form and substance has decided? That's my submission to the committee,” Drilon said.

For Drilon, the jurisdictional issue should be resolved first since form is easier to determine as there are no prescribed form. He said a simple letter can be considered as a form of complaint as long as it is made under oath.

Both Drilon and De Lima are members of the Liberal Party.

Sen. Panfilo “Ping” Lacson, however, disagreed with Drilon saying the sufficiency of form and substance shall be decided by the panel first before jurisdiction as it is the root of the complaint.  The complaint against De Lima stemmed from the speech of President Rodrigo Duterte accusing the female senator of receiving poll funds from the inmates of New Bilibid Prison through her lover and driver.

Lawyer Karen Jimeno, general counsel to the committee for the complaint against De Lima,  then advised the Senate panel to follow the rules very strictly.

She cited Section 17, Rule 2 of the approved rules of the committee, where the panel is required to determine the form and substance of the verified complaint within five days upon receipt. She said the rules on jurisdiction are in Section 15.

“The sworn complaint must state the respondent engaged in improper conduct which may reflect upon the Senate at any time after he or she has taken her oath,” Jimeno said.

Sen. Vicente Sotto II said the panel will resume its hearing on Thursday. Lacson said they will also decide on the merits of De Jesus' complaint.

“We will render our decision whether or not we will throw out this complaint on the basis of insufficiency in form and substance and/or jurisdiction,” Lacson said.