Miriam: Binay's 'forum shopping' unlawful

MANILA, Philippines - Sen. Miriam Defensor Santiago said on Wednesday that the continued refusal of Vice President Jejomar Binay to attend the Senate hearing on the corruption allegations against him is similar to "forum shopping" prohibited and penalized by the Supreme Court (SC).

In a speech at the Philippine Christian University, Santiago said it is not enough for Binay to defend himself by simply delivering speeches accusing his enemies of lying.

Santiago said Binay must present his counter-evidence at the Senate hearing if he does not want his silence to be construed as an implied admission of guilt.

She described Binay's silence to present evidence as "alarming."

"Binay promises to make a detailed defense not in the Senate hearing, but in the Ombudsman, where he is facing plunder and other criminal charges. Unfortunately, the law does not allow Binay to just choose the forum where he shall make his defense," she said.

Santiago said Binay's attempt to escape scrutiny at the Senate is similar to forum shopping prohibited in the courts which, according to the SC, takes place "when a person avails of several judicial remedies in different courts, raising substantially the same issues."

The senator quoted an SC decision in 2010 when the court said the rule against forum shopping "seeks to promote candor and transparency, and the orderly administration of justice, prevent undue inconvenience upon the other party, and save the precious time of the courts."

The feisty lawmaker said Binay cannot escape the jurisdiction of the Senate, which is empowered by the Constitution itself to conduct inquiries in aid of legislation.

"If the VP has truth to tell, what is he afraid of?" she said.

Santiago believes Binay's foes at the Senate cannot use the chamber's hearing to humiliate or prosecute him since the Constitution requires senators to respect "the rights of persons appearing in, or affected, by such inquiries." 

"Hence, I do not approve of this curious tendency to be so taciturn, in the face of such damaging charges against his moral character," she said.