House won't ask med certificate from Rodrigo Duterte for EJK probe absence
MANILA, Philippines — During the House probe into former President Rodrigo Duterte's drug war and its extrajudicial killings, the request for a medical certificate to justify his absence sparked debate among House leaders.
At the ninth public hearing of the House quadcom on Tuesday, October 22, Rep. Joseph Stephen Paduano (Abang Lingkod Partylist) was quick to point out the absence of a medical certificate verifying Duterte's current health condition.
He also noted the letter submitted by Duterte's legal counsel, Martin Delgra, lacked authorization from the former president granting Delgra permission to represent him at the hearings.
Delgra informed the mega panel on Monday evening that the former president would postpone his appearance at the House inquiry because he is “feeling unwell.”
RELATED: Rodrigo Duterte to skip House EJK probe on October 22
Before any lawmaker could make a motion for Duterte to provide a medical certificate and authorization for Delgra, Rep. Robert Ace Barbers (Surigao del Norte, 2nd District), the overall chairperson of the House committee, swiftly came to Duterte’s defense.
“In deference to the former president, I think we should afford him the courtesy that is due to him by not requiring him to submit to this committee a medical certificate,” he said, citing Duterte's “fragile age” and health issues.
“So, if I may, your Honor, let us not pursue the submission of [a] medical certificate from the former president,” Barbers added.
A shocked Paduano argued that the House rules clearly require resource persons, who cannot attend due to health issues, to provide an explanation.
“Mr. Chairman, we have our internal rules,” he said.
What do the House Rules say? Rep. Dan Fernandez (Santa Rosa, Lone District), one of the co-chairs, expressed a similar concern, saying that Section 9 of the House Rules of Procedure Governing Inquiries in Aid of Legislation stipulates that excuses must be “supported by appropriate medical or other certification.”
He also emphasized the provision about the maximum number of absences: “Provided further, That no witness shall be granted more than two (2) postponements of appearance before the committee without justifiable cause.”
“With that, Mr. Chairman, we have to apply the rules of this committee to all or none at all,” Fernandez said.
The four-committee panel had requested medical certificates from previous resource persons invited to the inquiry, including Mylah Roque, the wife of former presidential spokesperson Harry Roque.
Special treatment?
Human rights committee chairperson Rep. Bienvenido Abante (Manila, 6th District) also questioned if the committee is giving “special treatment” to Duterte.
In an effort to clarify his position, Barbers said he is not requesting the quadcom to exempt Duterte from the House rules, but rather seeking "understanding” from lawmakers “to extend a bit of courtesy."
“But in this particular case, in deference to him being the former president, I would like to ask for your understanding to extend a little bit of the courtesy that is due to him for being the former president. I do not have any special favors here,” he reiterated.
This contradicts his request not to require a medical certificate from the former president.
Abante, however, quickly agreed with Barbers’ sentiment and simply stated for the record that Section 9 of the House rules should be followed.
Paduano eventually conceded to the committee chairperson, saying he would no longer insist on the production of a medical certificate in the spirit of being “humanitarian” and of giving “due courtesy” to the former president.
Instead, he requested that an authorization allowing Delgra to represent Duterte be submitted to the committee.
Paduano added that if the House had excused Raymond Fortun, the legal counsel for Chinese businessman Michael Yang — who is also being investigated for alleged involvement in offshore scam hubs or POGOs — for not submitting an authorization to the quadcom, the same should not be applied in Duterte’s case.
“If we’ve done it, in regards to Attorney Fortun, a top-notch lawyer, and we excuse Attorney Fortun for not producing any substantial document that he was given authority from Michael Yang, what's the difference between Attorney Martin Delgra and in the case of the former president?” he asked.
Barbers, however, continued to defend Duterte. He said that it was likely “just an oversight” that Delgra did not include an authorization along with the letter regarding the former president's absence.
Duterte was sent an invitation on October 18. In a letter dated Monday, October 21, Delgra said that the invitation was issued on short notice. The legal counsel added that Duterte prefers to appear before the House quadcom after November 1.
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