SC: Senate arrest of PCGG head legal

The Supreme Court (SC) ruled yesterday that the Senate was legally justified to subpoena and later order the arrest of top officials of the Presidential Commission on Good Government (PCGG).

The Senate lauded the SC’s decision, saying it will always defend its right to investigate wrongdoing in government.

In a 28-page decision penned by Associate Justice Angelina Sandoval-Gutierrez, the entire court also upheld the constitutionality of the Senate’s probe of irregularities at the sequestered Philcomsat Holdings Corp. and Philippine Overseas Telecommunications Corp.

The SC also said PCGG chairman Camilo Sabio and four commissioners were not immune from legislative investigation because the 1987 Constitution had effectively repealed Executive Order No. 1, which former President Corazon Aquino signed in February 1986. The EO created the PCGG and gave its commissioners immunity from congressional probes.

The Senate was able to arrest Sabio but Commissioners Ricardo Abcede, Narciso Nario, Nicasio Conti and Tereso Javier eluded arrest and went into hiding.

The High Court said that the 1987 Constitution recognized the power of investigation, not just of Congress, but also of any of its committees.

"This is significant because it constitutes a direct conferral of investigatory power upon the committees and it means that the mechanisms which the (Congress) can take in order to effectively perform its investigative function are also available to the committees,’’ the SC said.

It added that nowhere in the Constitution does it provide exemption to government officials from any inquiries in aid of legislation.

The power of Congress to investigate, the SC said, "even extends to government agencies created by Congress and officers whose positions are within the power of Congress to regulate or even abolish." "The PCGG belongs to this class,’’ the SC said.

The SC also stressed that the Senate did not also violate the right to privacy and the right against self-incrimination of PCGG officials.

"One important limitation on the Congress’ power of inquiry is that the rights of persons appearing in or affected by such inquiries shall be respected," it said. "This is just another way of saying that the power of inquiry must be subject to the limitations placed by the Constitution on government action," the court said.

The SC said the allegations of anomalies at Philcomsat, PHC and POTC, are "compelling reasons" for the Senate to call for an investigation.

The Senate probe was prompted by Senate Resolution 455 of Sen. Miriam Defensor-Santiago.

The irregularities at Philcomsat, Santiago said, include one exposed by The STAR regarding the sequestered firm’s granting of a P125-million loan to a relative of an official.

Senate President Manuel Villar Jr., meanwhile, said in a statement he had "no doubt in mind that the Senate will prevail in this issue."

Villar is in Geneva, Switzerland for the Inter-Parliamentary Union conference, along with other senators.

"We have now established that the Senate has the right to cite for contempt against members of the Executive if they would not attend the Senate hearings... The other officials should see this as a warning that the Senate will not hesitate to exercise its authority against anybody who would ignore the Senate when it calls for investigation," Villar said in a phone interview with reporters.

Senators Joker Arroyo and Richard Gordon described the SC decision as an initial victory of the Senate on questions raised over its investigative powers.

"Now they have no reason not to attend the Senate hearing. If they refuse to attend, we have no recourse but to cite them for contempt and again order their arrest," Villar said.

Gordon, chairman of the Senate committee on government corporation and public enterprises, said he will be conducting a hearing on the dissipation of the assets of Philcomsat.

Arroyo recalled that the SC had upheld the Senate on two critical issues – Executive Order 464 and Sabio’s arrest. "That should tell the Executive not to mess with legislative powers reserved to it under the Constitution," Arroyo told Senate reporters.

Arroyo added that the SC ruling also "tells the executive that it is dead wrong" in issuing Memorandum Circular 108. "This (also) tells the Executive not to support impertinent and unlawful conduct of executive officials."

He said the Executive branch should "stay in its corner in government and not meddle with Congress when it steps in its corner."

"The decision augurs well for constitutionalism — it’s a bad omen for the Executive. The Solicitor General in defending EO 464 and Sabio projected Malacañang’s position, which the Supreme Court declared invalid. This should be a warning for the Executive not to trifle with powers that is not theirs, but the Senate’s," Arroyo added.

Gordon said the SC move only shows that "nobody is above the law and it is very clear that they have to be accountable to the people."

If the PCGG officials still refused to answer questions or testify, Gordon said "they will be held in contempt and ordered arrested until they answer the questions."

"This is just the beginning for the PCGG because they are holding many other corporations that people never heard about. It is about time that they tell us about (it and dispense with) the arrogance that has really grown tremendously that they even denied the Supreme Court and Senator (Jovito) Salonga," Gordon said.

Gordon said the Senate will not hesitate to arrest the PCGG officials and other Executive officials who would continue to defy the Senate by not attending its inquiries.

"We would have to call a hearing on Friday so that we could actually bring them to the Senate... I think if they go into hiding, then all officers of the law must enforce the order of the Senate... so that they will be able to answer the questionable deals," Gordon said. — With Christina Mendez