MANILA, Philippines - The Senate investigation on the corruption allegations against Vice President Jejomar Binay has become unconstitutional and the Supreme Court (SC) must stop it, according to a law professor from the University of the Philippines.
Harry Roque Jr. said yesterday he will represent businessman Antonio Tiu in filing the petition.
However, Tiu, who has been accused of being a dummy of Binay, would not confirm the plan to ask the SC to stop the proceedings at the Senate Blue Ribbon sub-committee.
In a text message yesterday, Roque said he would file the petition before the SC this week as the investigation was being held in grave abuse of discretion.
“The Senate investigation against Binay has now become clearly unconstitutional. Rules have not been published and there is no legislative purpose,” he said.
The investigation has violated the equal protection clause as Binay is being singled out since other incumbent officials are also facing corruption charges, Roque said.
The SC has voided President Aquino’s first executive order creating a truth commission to investigate alleged anomalies during the previous administration, he added.
Following 23 hearings in one year, the investigation has gone beyond its limit and purpose, Roque said.
“It has become an institutional hatchet machinery against Vice President Binay, which demeans the oversight function of the Senate,” he said.
He will ask the SC to enjoin the Senate from proceeding with the hearings, Roque said.
It has expanded from the alleged overpricing of the Makati City Hall Building II to other issues like the supply of cake, and now the supposed “ghost” senior citizens, he added.
Former Integrated Bar of the Philippine national president Vicente Joyas agrees that the Senate investigation must undergo judicial review as it is obviously no longer being made for legislative purposes.
“This Senate investigation is no longer in aid of legislation but in aid of election. The senators are fishing for evidence,” he said.
The Blue Ribbon sub-committee must now turn over whatever evidence it has gathered to the Office of the Ombudsman and allow it to investigate the allegations against Binay and his son, Makati Mayor Jejomar Erwin Binay Jr., Joyas said.
“They should instead endorse it to the Ombudsman and the Ombudsman can conduct any investigation,” he said. “The Ombudsman is already investigating anyway and if there’s need for further investigation let the Ombudsman do it.”
Considerable amounts of public funds are being “wasted” in the Senate investigation, which could have been used for other “urgent matters,” Joyas said.