Benjamin Diokno skips House probe anew

MANILA, Philippines — Despite being issued a subpoena, Budget Secretary Benjamin Diokno skipped yesterday’s congressional committee hearing on alleged anomalies in the 2019 budget, saying he and his officials had not been given enough time to prepare.

In a letter to Speaker Gloria Macapagal-Arroyo, Diokno sought a rescheduling of the hearing of the committee on appropriations, citing budget officials’ right to “proper notice, and a fair and just hearing.”

“Whatever is the real purpose of the House in calling me, I will appear in Congress. However, I take my duty to the people very seriously. It is only right that we prepare in order to give the Filipino people a complete and clear picture of the matter, and avoid giving information that only suits a specific agenda,” he said in a letter to Arroyo.

“We are definitely cooperating but it is imperative that we be given the proper amount of time to prepare,” he added.

Diokno also cited Section 8 (3) of the Rules of Procedure Governing Inquiries in Aid of Legislation of the House of Representatives, which provides that a “subpoena shall be served to a witness at least three days before a scheduled hearing in order to give the witness every opportunity to prepare for the hearing and to employ counsel, should the witness desire.”

He said the subpoena ad testificandum signed by Arroyo and committee chairman Rep. Rolando Andaya Jr. was received by the DBM at 11 a.m. Thursday. The meeting was scheduled at 10 a.m. the following day or yesterday.

The budget chief also requested for a list of questions to be raised during the House inquiry, in accordance with the Supreme Court (SC)’s ruling on Neri vs. Senate committee on accountability of public officers and investigations. 

The SC ruling states that, “the invitations should contain the possible needed statute which prompted the need for the inquiry, along with the usual indication of the subject of inquiry and the questions relative to and in furtherance thereof.” 

The requirement was meant “to ensure that the rights of both persons appearing in or affected by such inquiry are respected as mandated by said Section 21 and by virtue of the express language of Section 22.”

Diokno last appeared before the lower chamber for the Question Hour on Dec. 11, 2018.

The DBM said the secretary was given an advance set of questions, none of which was asked, and was “ridiculed and badgered” by Andaya. This prompted President Duterte and other Cabinet members to criticize the House of Representatives.

Despite his absence, Diokno still submitted to the committee copies of the documents being subpoenaed.

In a separate statement, the budget department said officials from the Department of Public Works and Highways (DPWH) themselves had confirmed that the P75-billion adjustment made in the agency’s 2019 allocation was part of the budget process and therefore cannot be considered as illegal “pork insertions.”

“In a series of questions forwarded by Cong. Andaya, DPWH Undersecretary Catalina Cabral herself admitted that the P75-billion adjustment is just that – an adjustment. Citing Secretary Villar, the undersecretary acknowledged that adjustments are normal during the budget preparation phase. This is all part of the budget process,” the DBM said.

“In fact, upon the interrogation of Cong. Bayani Fernando, Usec. Cabral also admitted that the projects included in the project listing for the P75-billion adjustment have since been vetted by their regional or district offices, and no one had qualms regarding inclusion of these projects,” the DBM said in its statement.

The DBM also urged DPWH officials to be “more forthright in assuring the public that the matters related to their agency are aboveboard.”

“We reiterate that the DBM has done its part in ensuring the concerned officials were consulted regarding changes in the proposed budget throughout the budget preparation phase,” it said.

Trusting Diokno

Secretary to the Cabinet Karlo Nograles said Malacañang expects Diokno to promptly answer the accusations against him and enlighten the public on the real issues.

“I think it should be Secretary Diokno who will answer the allegation point by point and it will be up to him in what forum he will answer those allegations. We trust Sec. Diokno enough to do what is right,” Nograles said.

Pressed further on Diokno’s decision not to attend yesterday’s House hearing, Nograles said the secretary has his lawyers to back up his position against attending the inquiry.

“In fact, the Office of the Solicitor General is helping the office of Sec. Diokno and coordinating with the Office of Sec. Diokno regarding legal matters,” he said.

Meanwhile, presidential spokesman Salvador Panelo demanded courtesy from lawmakers in their treatment of officials during congressional hearings. He stressed he acknowledges the prerogative of lawmakers to conduct inquiries and invite officials as resource persons.– With Christina Mendez