Out of bounds

It looks like our Senators have completely forgotten or deliberately overlooked one of the most basic principles in our system of government that only the legislative power is attached to their position; that as senators belonging to the other house of a bicameral congress, they merely exercise the power to propose, enact, amend and repeal laws; not to investigate any crime or dignify any rumor with their valuable senatorial time and "prestige". While they may conduct inquiries, they can do so only to aid them in the preparation and enactment of laws.

It may thus be timely and appropriate to remind them of this elementary rule once more in the light of a recent news report that they are again embarking on an investigative spree in connection with the alleged "million dollar man" in the Cabinet.Reports say that our honorable senators are itching to poke their fingers and, okay, spend not waste their time in this supposed anomaly that has been going the rounds of the rumor mill and already exposed in the lower house in a rather half baked manner. With innuendoes flying thick and fast, media have merrily joined the feast threatening to convert the furore into another name bashing orgy.

Senator Rodolfo Biazon says that the probe on this million dollar riddle should be conducted not by the National Bureau of Investigation because it is under the Executive Department which is involved in the anomaly. He suggested an independent body, like the Senate Blue Ribbon Committee which belongs to the Legislative Department.But is the Blue Ribbon Committeee really an independent body? Sure the Senate belongs to a separate and independent branch of government. But precisely because it is independent and separate, there are fixed metes and bounds in its authority to mind the business of the other branch, particularly the executive.And probing into the acts and conducts of the President’s cabinet is definitely not within the bounds of their Senatorial jurisdiction.

The fallacy of Biazon’s suggestion is further accentuated by the fact that Senate Blue Ribbon Committee itself investigates their own fellow senator like Lacson.If the executive department cannot investigate one of its own because the investigation is not "independent" following Biazon’s argument, then the Senate should not also be allowed to investigate one of its own because that would also not be an "independent"investigation.Biazon’s suggestion is no different from a suggestion that the Presidential Anti Graft Commission be allowed to investigate a senator. Definitely, this can not be done under the principle of separation of powers.Besides,whatever happened to the Senate Blue Ribbon Committe investigation of Lacson for various charges which were clearly backed up by more concrete and solid evidence?

Will this be another case of the old boys club protecting each other? Before taking up Biazon’s suggestion therefore, the Blue Ribbon Committee should first come out with its report on the Lacson case. Otherwise, whatever credility it still has will be totally wiped out.

The Blue Ribbon Committee as the name suggests conjures an image of greatest distinction. It is supposed to be a body comprising of the best and most prominent members of a group like the Senate. Its primary task is precisely to preserve and maintain the prestige and distinct reputation of the Senate as a group composed of " honorable members" by conducting probe of any one of them who may be tainted with certain anomaly.The Lacson case will be the most crucial test of its credebility.

Anyway, in the present scheme of things, it can be said that the counterpart of the Blue Ribbon Committee in the Executive Department is the Presidential Anti-Graft Commssion. It was created to investigate any official in the Department for graft and corruption. So it would be for the common good that each department be left alone to do its own thing when it comes to policing its own ranks.

Or better still, as in the case of this alleged "million dollar man"( reminds me of Lee Major, the star of that long running TV series of yore), if Congressman Willie Villarama has indeed enough evidence in his possession, then he should immediately refer the matter to the Office of the Ombudsman.This is the only independent Constitutional Office that can authoritatively investigate the case and file the corresponding charges in the proper court for prosecution and conviction. Not the Senate nor the House of Representatives. And most especially not the media.

E-mail us at josesison@edsamail.com.ph

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