Senate majority labels inquiry bogus: Ex-Marines reiterate allegations   

CEBU, Philippines — The group of Senator Alan Peter Cayetano forced its way into the Senate plenary hall yesterday to proceed with a scheduled “Blue Ribbon Committee” hearing that gave the so-called “18 Ex-Marines” a platform to repeat allegations that they delivered suitcases of cash to several lawmakers and administration officials, including President Ferdinand Marcos Jr.

Senators Pia Cayetano and Robin Padilla met some of the former Marines at the Senate lobby before the 10 a.m. hearing. However, Interior Secretary Jonvic Remulla confronted the group at the lobby entrance with his arms outstretched, apparently attempting to block their entry.

Padilla led the group in pushing past Remulla to proceed to the plenary hall on the second floor, while Pia Cayetano limped her way to the session hall with her arms around the shoulders of some of the former Marines.

Remulla later denied blocking the Cayetano bloc from entering the plenary.

In her opening statement as “Blue Ribbon chairperson,” Pia Cayetano condemned Remulla’s actions.

“Nagulat na lang ako na nakita ko roon si Secretary Jonvic Remulla hinaharang ako. I never thought the day would come that somebody would prevent me from entering the Senate,” she said.

“This is my office. Again, thank you. Di ko akalain na yung Senate staff, yung media, dahil nasama na kayo doon, kayo pang nakatulong na makarating ako dito sa hearing na ito. This is the Senate. This is the halls of democracy. We will hold our hearing and we will continue,” she added.

Only six senators attended the hearing — Pia and Alan Peter Cayetano, Imee Marcos, Rodante Marcoleta, Loren Legarda, and Padilla — out of the Senate’s 24 members. The hearing was described by the new Senate leadership as irregular.

Pia Cayetano later designated Marcoleta, whom she referred to as “Blue Ribbon vice chair,” to preside over the proceedings as a subcommittee hearing featuring the testimony of the former Marines.

Alan Peter Cayetano cited laws he said would be violated should the Gatchalian bloc attempt to stop the hearing.

The former Marines turned emotional and defiant during the proceedings, criticizing those questioning their credibility and insisting they would not risk their dignity as former soldiers merely to follow a script or spread propaganda.

They reiterated claims contained in their affidavit alleging that they transported suitcases of cash through land and air travel as supposed kickbacks from flood control and public works projects.

The affidavit implicated fugitive former lawmaker Zaldy Co, former House Speaker Martin Romualdez, several House members, and sitting senators.

Among those named as alleged recipients were President Marcos’ son Sandro Marcos, First Lady Liza Marcos, and members of the “new majority” bloc, including Senators Vicente Sotto III and Erwin Tulfo.

Former Marines Benny Bulontante and Bernard Gumban specifically claimed they delivered luggage filled with cash to Sotto and Tulfo. The allegations drew strong reactions from the two senators.

“Kahit na ano pa yan sinabi, it’s obviously a bogus investigation in aid of destabilization!” Sotto told reporters through Viber.

In a separate phone interview, Tulfo denied the allegations, saying he had no flood control projects as a senator and calling the claims a “blatant lie.”

Tulfo said it was obvious that the Cayetano bloc was linking him and Sotto to the flood control controversy because both are part of the new majority.

He added that he had secured a copy of the former Marines’ affidavit, which also alleged that suitcases of cash were delivered to senators aligned with the Cayetano bloc, including Legarda and siblings Mark and Camille Villar. The Villars were absent from the hearing.

Legarda briefly attended the proceedings and praised the former Marines for their courage in exposing alleged corruption.

Asked by reporters about her inclusion in the affidavit and whether she considered the former Marines credible, Legarda only smiled.

Tulfo said he would consult his lawyers on the possibility of filing libel charges against the former Marines, who are already facing multiple libel and perjury complaints over their corruption allegations.

Tulfo maintained that he remains the legitimate chairperson of the Blue Ribbon Committee, having been duly elected during Wednesday’s Senate leadership shakeup.

He said he intends to conduct a Blue Ribbon probe on flood control anomalies on Monday, although he remains undecided on whether to invite the former Marines, whom he accused of using the Cayetano-led hearing to “grandstand” and spread “lies.”

Tulfo also criticized the hearing as a “rude disregard of the rules,” citing the confrontation involving the former Marines and Remulla.

Remulla was reportedly at the Senate for a meeting with Acting Senate President Gatchalian.

Earlier that day, Gatchalian held a press briefing urging senators to “go back to work” following the session boycotts led by the Cayetano bloc.

Gatchalian said Remulla’s presence was intended to ensure peace and order and prevent any untoward incident amid the Senate takeover and rallies staged outside the Senate compound.

He denied reports that the plenary hall had been padlocked to stop the hearing from taking place.

According to Gatchalian, the Cayetano bloc was never prevented from entering the Senate building. No Senate security personnel attempted to stop the group from holding the hearing and conducting a press conference afterward.

The Senate complex, however, was noticeably empty, with many employees appearing to comply with Gatchalian’s earlier advisory allowing work-from-home arrangements.

The situation appeared to contradict Cayetano’s own memorandum ordering Senate employees to report for the hearing.

No Blue Ribbon Committee staff attended the proceedings to officially record the hearing, and no livestream was carried on official Senate channels.

Sen. Panfilo Lacson also criticized the hearing, particularly after a photo of him and Sotto aboard an airplane was presented as supposed proof that the aircraft had been used to transport cash.

“Disgraced ex-SP Cayetano desperately dragged my name in a bogus BRC hearing without an iota of evidence or even a tiny bit of basis or reason except to pull me into a corruption controversy,” Lacson posted on X.

“He exposed his loathsome behavior by using overstretched innuendos. He is disgusting,” he added.

Gatchalian’s majority bloc later issued a statement condemning the Cayetano-led inquiry as “bogus” and accusing the minority group of staging an unofficial gathering to cling to power while intimidating Senate personnel who refused to cooperate.

“As pointed out by Acting Senate President Sherwin Gatchalian earlier today, there are no official Senate hearings scheduled for this morning, and that any so-called ‘hearing’ convened by Senators Alan Peter Cayetano, Pia Cayetano, Robin Padilla, Imee Marcos, and Rodante Marcoleta has no basis in the rules, calendar, or authority of the Senate,” the statement read.

The majority accused the Cayetano bloc of boycotting legitimate Senate sessions while staging an unauthorized inquiry.

“They have refused to attend legitimately called sessions. Now, they are grandstanding in an unofficial and unauthorized gathering,” the statement added, describing the move as a “naked grab for power dressed up as ‘inquiry’ and ‘oversight.’”

The majority also alleged that the minority faction had been pressuring Senate employees to support their operations.

“Even worse, they are reportedly threatening Senate employees with cases if they are not obeyed,” the statement said.

“These are civil servants who are simply trying to do their jobs in accordance with the law and the duly constituted leadership of the Senate,” it added.

The new leadership urged the minority to dismantle the unrecognized proceedings, respect the chamber’s reconfigured quorum, and return to legislative work.

It also accused Cayetano’s allies of abandoning legislative priorities in favor of political maneuvering.

“Instead of participating in regular sessions, working on laws that lower prices, create jobs, and protect farmers, workers, and vulnerable families, they have chosen to waste public funds and public time to advance their own political agenda,” the statement concluded.

Presumption of Regularity

Meanwhile, former Senate Presidents Franklin Drilon and Aquilino Pimentel III expressed support for the 12-member majority bloc led by Gatchalian, saying the recent coup against Senate President Cayetano was valid and carried a “presumption of regularity.”

Although both acknowledged that Cayetano could still challenge the reorganization before the Supreme Court, they agreed that the new majority had effectively stripped him of power.

In a statement issued Wednesday, Drilon defended the Gatchalian bloc’s takeover, citing the 1949 Supreme Court ruling in Avelino v. Cuenco, when the Senate was similarly divided 12-11.

“In our system, there is a presumption of legality. The acts of government officials are presumed to be valid until otherwise declared by the Supreme Court,” Drilon said.

He argued that the new majority acted within constitutional bounds when it removed Cayetano’s allies from committee chairmanships.

“The 12 senators constituted a quorum under Avelino v. Cuenco and declared all positions vacant,” Drilon explained.

However, Drilon clarified that while 12 votes were sufficient to declare positions vacant, the Constitution still requires 13 votes to elect a Senate President.

Drilon said the Gatchalian bloc bypassed this limitation by electing Gatchalian as Senate President Pro Tempore, allowing him to assume the role of Acting Senate President after the position was declared vacant.

“With Win Gatchalian being the duly elected Senate President Pro Tempore, he became Acting Senate President when the position of Senate President was declared vacant,” Drilon said.

“There is a presumption of regularity in what happened today. Until it is voided by the Supreme Court, it enjoys that presumption,” he added.

The Ruling

The legal basis cited by the Gatchalian bloc traces back to the 1949 case involving then-Senate President Jose Avelino, who faced corruption allegations and attempted to adjourn the Senate session to block efforts to remove him from office.

Twelve senators led by Sen. Mariano Cuenco remained in session, declared the Senate presidency vacant, and elected Cuenco acting Senate President.

Although the Senate technically had 24 members at the time, Sen. Tomas Confesor was in the United States and beyond the chamber’s jurisdiction.

Avelino challenged Cuenco’s election before the Supreme Court, arguing that 13 senators were required to constitute a quorum.

The Supreme Court ultimately ruled in favor of Cuenco, holding that the constitutional requirement referred only to senators physically present in the country and capable of being compelled to attend.

Because Confesor was abroad, the Court considered the Senate’s effective membership at the time to be only 23, making 12 senators sufficient to form a quorum.

“In fine, all the four justices agree that the Court being confronted with the practical situation that of the twenty-three senators who may participate in the Senate deliberations in the days immediately after this decision, twelve senators will support Senator Cuenco and, at most, eleven will side with Senator Avelino, it would be most injudicious to declare the latter as the rightful President of the Senate,” part of the ruling read.

The Court further noted that “an absolute majority (12) of all the members of the Senate less one (23), constitutes a constitutional majority of the Senate for the purpose of a quorum.”-  Philippine Star News Service FPL (CEBU NEWS)