Sabio to SC: Compel Senate to release me

Presidential Commission on Good Government (PCGG) Chairman Camilo Sabio sought yesterday the Supreme Court (SC)’s help for his immediate release from detention by senators, even as he continued to defy a Senate order for him to answer allegations of irregularities involving a sequestered firm.

In a 63-page petition for habeas corpus filed through PCGG lawyer Jay Miguel, Sabio asked the SC to order the Senate to present him in court and justify his arrest.

The Senate ordered Sabio’s detention on Tuesday after he had ignored repeated summons to face a committee hearing on anomalies involving Philippine Communications Satellite Corp. (Philcomsat) and Philcomsat Holdings Corp. (PHC)

"Chairman Sabio has no personal knowledge of the alleged improprieties in the operations of the said corporations by their board of directors," the habeas corpus petition said.

"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," it said.

The petition stated that Executive Order 1 issued by former President Corazon Aquino stipulates 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."

From Brussels, Presidential Spokesman Ignacio Bunye described Sabio’s detention as "political bullying" by senators, and vowed "to exhaust all legal avenues to resolve this issue." Bunye is with President Arroyo who is meeting with European Union leaders.

"This even strengthens the executive department’s resolve to defend itself against any attempt to use legislative probes for smear campaigns or political bullying," Bunye said. "We are confident that justice will be upheld."

At Malacañang, Executive Secretary Eduardo Ermita said executive officials would still have to get prior approval from the Office of the President before they could attend legislative hearings.

"The instruction is just for them to communicate with the Office of the President the nature of the inquiry or investigation and we will see whether it falls within Memorandum Circular 108," Ermita said.

MC 108 is the set of Palace guidelines governing the appearance of executive officials in congressional investigations. Ermita said it was based on the decision of the Supreme Court, which upheld some portions of Executive Order No. 464 especially on executive privilege that could be exercised by Mrs. Arroyo.

"But in the case of Chairman Sabio, we are not necessarily going by Memo 108 but EO (Executive Order) 1 and we are confident that Chairman Sabio can handle himself and the other members (of PCGG) in this particular case," he said.

On his second day in detention, a defiant Sabio said he would attend today’s hearing of the Senate committee on government corporations and public enterprises, but stressed he would not be compelled to answer allegations of irregularities in Philcomsat Holdings. Sen. Richard Gordon chairs the committee.

"I cannot be compelled to talk. I will just keep quiet," Sabio said.

Sabio spent his first night at the Senate clinic’s windowless treatment room whose only amenities are a bed, a side table and two electric fans. There is no television set inside the room but there is one just outside.

"We disagree (with the Senate’s position that EO 1 is repealed). I would not want to be detained. That’s for the Supreme Court and (not) the Senate to decide," he said.

Senate President Manuel Villar defended the chamber’s move to arrest the PCGG chairman, saying it was the only way to compel stubborn executive officials to face legislative inquiries.

"It’s our responsibility as elected officials to perform our functions and among which is to conduct inquiries or investigations when there are anomalies in the government. What happens though is there are government officials who repeatedly ignore our invitations for them to appear as resource persons in our hearings or inquiries. So we are left with no choice but to do what has to be done," Villar said in a statement.

"There are just government officials who are onion-skinned and are hiding skeletons in their closets," he added.

Former President Fidel Ramos, for his part, said PCGG officials’ refusal to face the Senate was damaging the image of the government and the country in general.

Ramos, in a press briefing shortly before his departure for Shanghai, China to head a business delegation, said the President’s issuance of EO 464 has caused divisions in the government "to the degradation of our international image as well as to the unhappiness of our people."

He said officials’ snubbing of legislative probes had cast doubt on government’s transparency. "The natural procedure is to make an appearance and explain what needs to be explained. Otherwise, the impression of the lay people and outside observers is that there is no transparency in regard to certain transactions of the government."

Sen. Ramon "Bong" Revilla Jr. also defended the arrest order for the PCGG officials and lashed out at Commissioner Ricardo Abcede for invoking EO 1.

"No one is above the law. It is arrogance on the part of the PCGG to invoke such outmoded provision because such is tantamount to saying that they are not accountable to any government institution and to the rest of the Filipino people."

Justice Secretary Raul Gonzalez said EO 1 is still in effect. "I don’t think it has been repealed. If at all, the Constitution may have to be construed in connection with that EO 1 but there is no specific pronouncement that I know." — With Helen Flores, Paolo Romero, Rainier Allan Ronda, Christina Mendez