What senator will cast the first stone?

CATCHING THE EYE: Four persons – three senators and a lady lawyer – caught our attention in yesterday’s continuation of the Senate inquiry into the Jose Pidal secret bank accounts linked to alleged money laundering.

First is Sen. Sergio Osmeña, who displayed an intimate knowledge of a variety of banking and finance topics that helped steer the Senate committees’ questioning of businessman Ignacio Arroyo, brother of First Gentleman Jose Miguel Arroyo. Although incisive, Osmeña was not insulting like some of his colleagues who had political axes to grind.

Second is lawyer Fe B. Macalino, general counsel of Union Bank, whose clear and forceful explanation of banking laws and policy saved the day for the bumbling bank officials who seemed to have been gagged by a vow of secrecy. Many depositors expressed alarm to hear the broken English of bank executives to whom they (we) have entrusted our money.

Third is Sen. Panfilo Lacson, whose absence made more obvious his continued inability to present evidence to prove his serious charges of money laundering against the First Gentleman. (His privilege speech of Aug. 18 triggered the Senate inquiry.) When on a fishing expedition amid a storm, the master cannot leave the crew just like that.

Fourth is Sen. Robert Barbers who looked quixotic fighting by his lonesome to stop the hearing that has been an embarrassment not only to the First Family, but also to the Senate. While Sen. Joker Arroyo, the presiding officer, was not much help, the joking mood of Osmeña, who sat beside him, was.

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NENE’S CHALLENGE: Sen. Aquilino "Nene" Pimentel pressed the three Senate committees conducting the hearing to rule on the repeated invoking by Ignacio Arroyo of what he said was his constitutional right to privacy whenever he did not want to answer a question.

An exasperated Pimentel challenged Ignacio to point to the provisions invoked. He was not impressed when the witness cited Section 2 of the Bill of Rights (Article III) that began with: "The right of the people to be secure in their persons… shall be inviolable."

Just to clarify – Ignacio was invoking his right to privacy, not his right against self-incrimination under Section 17 of the Bill of Rights that says: "No person shall be compelled to be a witness against himself."

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CONSENSUS SOUGHT: Joker Arroyo, chairman of the Blue Ribbon committee, said the senators appear to have become a victim of the majority’s own recent refusal to ease the bank secrecy law (when they were debating the anti-money laundering law).

The three committees are set to go into executive (closed door) session to arrive at a consensus on how to handle witnesses who are not public officials invoking their right to privacy when dodging delicate questions.

In not making a ruling as lead chairman of the inquiry, Joker Arroyo said he did not want to risk being overruled by the Supreme Court in case any taciturn witness cited for contempt by the Senate runs to the high court. Joker wanted the entire body to lay down the rule.

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CAST THE FIRST STONE: Many readers, meanwhile, suggested in e-mails that in the same way that respondents in criminal cases sometimes ask for the inhibition or the outright disqualification of the judge, senators must face similar challenges in public hearings.

It is much like the biblical admonition for whoever is without sin to cast the first stone.

The readers’ suggestions can be summarized this way – No senator may presume to attend, ask questions and judge witnesses in the ongoing inquiry unless he/she first swears under oath that:

1. He/she has filed under oath a detailed statement with the Commission on Elections and the Senate – and made available to the public – on the amount of campaign contributions he/she has received, how these were spent and what he/she did with the balance.

2. He/she has made a truthful declaration to the Bureau of Internal Revenue and the Senate – and made available to the public – of all his/her incomes and paid the correct taxes.

3. He/she has submitted a truthful and complete inventory to the Senate of all his/her bank accounts, investments and real property here and abroad – whether held in their true name, their dummies or under aliases.

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ACCOUNTABILITY: One reader, Cris Uy (yahoo), said that if senators rake up very personal details about private citizens, the more reason there is to require them as public officials to make full declarations of their own circumstances before they pry into other people’s lives.

He suggested that such sworn declarations of senators (and other officials, such as congressmen, of similar stature) must be automatically released to the public through the mass media upon their filing.

Another reader, ludyv using an aol (AmericanOnLine) address, added along the same line: "It’s anomalous that supposed public servants should enjoy more protection under the same law that they invoke to harass and persecute private citizens."

"This is the principle of public accountability," she said, adding that "anybody who claims privilege, power or some control over others must be held to account for his actions."

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LOW TURNOUT: From overseas, meanwhile, comes disheartening news that of an estimated 7.5 million Filipinos residing abroad, only around 90,000 have bothered to register to be able to vote in the 2004 election.

There are no indications that the slightly over 5 percent registration turnout would zoom as the deadline for registration less than a month away approaches.

Is the absentee voting law a colossal failure? It is too early to say, since Filipinos are known for their propensity to act at the last minute.

But the reality in many foreign lands is not encouraging. In many places, Filipinos do not find it easy living off from work for one or several days to journey to the nearest Philippine diplomatic or consular post to register for an election whose integrity cannot even be guaranteed.

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ePOSTSCRIPT: You can read Postscript in advance simply by going to our personal website www.manilamail.com. While at our ManilaMail.Com site, you can also peruse back columns and review past discussions on specific subjects. E-mail can be sent to us at [email protected]