11/19/2009
A resolution absolving Sen. Manuel “Manny” Villar on the C5 road controversy which was being handled by the Senate committee of the whole, signed by 12 senators even before a report from the committee had been written, has been ruled by Senate President Juan Ponce-Enrile as “out of order,” as Enrile staked his leadership and position in making this ruling.Senators are again embroiled in a new scuffle over charges of alleged ethical misconduct against their colleague, Senator Villar, surrounding the construction of the C5 road extension project, which has been triggered by a move of the minority bloc, surprisingly supported by six members of the majority bloc, to issue a resolution clearing Villar without even giving the committee the courtesy and respect for the institution in the minority issuing its report.
Among the 12 members who signed the controversial resolution is Villar’s newly named vice presidential candidate, Sen. Loren Legarda, sponsoring the filing of Resolution No. 1472, effectively moving the Senate to dismiss the complaint and clear Villar of alleged acts of disorderly behavior investigated by the Senate committee of the whole.
While Villar and Legarda were busy declaring their
political plans for the May 2010 polls, their allies in the upper chamber were at the receiving end of the criticisms of some majority members and a strong admonition from the Senate president.
Enrile was quick to rule the attempt by Villar and his allies to absolve Villar of the charges of questionable funding of the C5 road project, declaring as “out of order” the filing of the resolution when Minority Leader Aquilino Pimentel Jr. tried to steer the resolution into being read on the floor.
Enrile, according to Sen. Panfilo Lacson, considered resigning from his position as he viewed the move of the 12 senators as an affront to his leadership and subversion of the rules of the institution.
Some members of the majority bloc claimed there was “deception” committed by the minority in luring their colleagues into signing resolution No. 1472. There were those who also admitted having been misled or made to believe that the resolution will come in after the committee of the whole report on the C-5 controversy is submitted on the floor.
“Based on what we gathered, it was what they were told, when this was being circulated for the signatures of the senators. Some were made to believe that filing this would come in later or would be made to stand against the committee (of the whole) report. There was also an impression, to others, that the Senate president knew about this resolution or at least that there was his imprimatur which is not the case at all.
“He (Enrile) was upset when he learned about this and even considered, this morning (yesterday), resigning because next to 12 signature is a 13th signature, the votes needed to oust him as Senate president. So early this morning he was thinking of resigning as Senate president,” Lacson said in an interview.
“You can see the implication. But you know, it’s very dangerous. If you can deceive your fellow senators into believing that it is okay for them to affix their signature on this for this or that reason, that’s very dangerous,”he reiterated.
Sen. Gregorio Honasan, a member of the majority bloc and among the 12 senators who introduced the resolution, admitted that he had signed it believing that the committee report was to be filed ahead of time.
“I have no control over that. But I am not inclined to withdraw my signature because of that, because there is a more fundamental issue and I signed it in good faith.
“I was operating on the assumption that the committee report will be rendered first before the resolution could have been filed,” he said in another interview with reporters.
Honasan, known to have been closely associated with Enrile, further admitted that he did not discuss the matter with the Senate chief as his decision to move in favor of Villar was due mainly to his belief that the complaint lodged by Sen. Jamby Madrigal was politically motivated from the very beginning.
“That was my sense. I reinforced my belief as the hearings went on. I take full responsibility on this. It was my decision. I accept full responsibility for it, recognizing that we must do justice to a fellow senator especially in a case of ethics and we must preserve the institution.
“My objective personally and officially as a senator of the Republic is to preserve the institution and do justice,” he said, adding that upholding the leadership of Enrile “is another matter.”
Enrile virtually confirmed Lacson’s statements, saying that the filing of the resolution was like discharging the functions of the committee which he heads.
“But I want to find out from them if they want to discharge of the committee. If they will express that this is an expression of no confidence then of course will abide by their consent they can have a new Senate president.
“Some of them were thinking we were deceived. We never expected that they would file it. This was only an indication of our position if there is a committee report,” he said.
Enrile gave his colleagues a mouthful as he asserted his leadership, in acting on the motion of Pimentel.
“I would like to amplify my ruling. The matter calls for an interpretation of the rules and so therefore, the body that has jurisdiction over this is the committee on rules, for in effect, the resolution tends to discharge the committee of the whole and bring back the issue to the plenary session of the Senate,” he said.
“The committee of the whole is still in the process of performing its function. It was not remiss in the performance of its function and so therefore, to discharge the committee of the whole which is the tendency of this resolution is not in order because the resolution tending to discharge the committee of the whole does not comply with the rules of the house. So properly, this issue has to be resolved by the committee on rules and that is the ruling of the chairman,” he added.
Sen. Alan Peter Cayetano, a known staunch supporter of Villar, virtually admitted on the floor that the move regarding the resolution was mainly political.
“While respecting the opinions of my colleagues and I hope that this resolution will not be interpreted as an affront to the committee of the whole or the chairman who happens to be the Senate president, I affirm my respect and belief in the chairmanship of the Senate president.
“However, I think when it is the reputation of a senator, the name of a senator is involved --- and we know that a presidential election is coming up, I think my colleagues here would understand how important it was for many of us. As to the timing, I will not debate it. As to the procedure, I am just stating in plain language, the reputation of Villar, many of us or those who signed felt that there was no double insertion, no road insertion, no anomalies. We felt that it is very important that the Filipino people know this before the filing of the candidacy so that everyone will be an equal footing as far as the Senate’s judgment,” Cayetano said.
“I would like to state and put into the record the true state of things. This resolution, by its own very title although it says it expresses its sense, the sense of the Senate, not the sense of the people who signed this, you are talking of the Senate of the Republic, not the sense of the 12 who signed this resolution and it says you want to dismiss the case against the respondent,” Enrile retorted.
“You want to clear him of the charges, without asking the committee to convene and perform its function. We are not rushing to condemn or exculpate the respondent, we are exercising utmost care and responsibility to do justice to a colleague, but here is a resolution which in effect discharges the committee that you created in this house.
“Now as chairman of that committee, I want an explanation why the committee is being discharged.
“Gentlemen I don’t want to sit in this chair if do not want me. But you have given me a responsibility to perform and as gentlemen of this house, you should at least have accorded some degree of respect to the chairman of this house before you filed this resolution. Did I fail you in any way? Tell me. You see the records of the proceedings.
“Now I would like to look whether there was committee session that assessed the evidence that was assembled by the committee of the whole. Why was not the documentary evidence not cited in this resolution if you really assessed the evidence. I respect your opinions but I would like to put this into the record. And so without rendering any judgment on the resolution filed, the chairman has decided to refer it to the committee on rules and for it to wait for the committee report that will be prepared by the committee of the whole and let these two committee reports stand side by side, to be judged by the Filipino people. That is at least an honorable thing to do. So ordered,” Enrile added.
The resolution was referred to the committee on rules pending the filing of the committee of the whole report, although sources said, it would be a futile exercise as failure to secure needed numbers to constitute the majority support, will not enable the panel report to be read on the floor. Sources also pointed out that number of votes to constitute the majority will be dependent on the seriousness of the recommended sanctions, if Villar is found guilty and in a case of being meted with “expulsion,” the committee of the whole will be needing the vote of 16 out of the 23 senators.
It was gathered from sources that resolution 1472 was penned by Villar’s office, although it was the minority leader who broached the idea of specifically mentioning that their position is for the Senate to express its sense to “dismiss the complaint” rather than “clearing” the senator from the charges.
Legarda’s “role” in sponsoring the resolution, the filing of which, incidentally came a day before she was named Villar’s running mate, was not allowed to pass by colleagues in the majority and even those in the minority with whom she “sided” over this matter.
Madrigal, who is currently in Europe , resorted to name calling in criticizing Legarda.
“My fight against corruption is non-negotiable. My complaint against Villar is based on principles. I congratulate Villar for his fantastic lobbying in turning someone like Legarda, who was rabidly against him into his girl Friday. As they say, ‘Manny talks and money talks louder.’ I will not subscribe to political prostitution when the country’s interest is at stake. Public service is not a numbers game,” Madrigal said.
Sen. Francis Pangilinan did not spare Legarda from criticisms as he made a snide remark, obviously addressed to the lady senator in appealing to the sense of the colleagues to protect the institution and not be used as a vehicle for personal ambition.
Source: http://www.tribune.net.ph/headlines/20091119hed1.html
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