Senate Blue Ribbon Ruling to Hold Mayor Binay, 5 Others in Contempt Sustained

(PNA) -– The Senate committee on rules on Wednesday night upheld a decision of the blue ribbon committee (BRC) to cite Makati City Mayor Jejomar Erwin Binay and five other officials in contempt.

The Senate adopted at the plenary the BRC’s ruling despite manifestation from acting minority leader Vicente Sotto III that he will stand by in his interpretation that the BRC has no quorum when it met and cited the Makati officials for contempt for continued refusal to attend Senate inquiries.

Sotto maintained that the BRC did not conduct hearing but a meeting last Monday, and therefore one-third of the 17 members of the BRC is necessary to constitute quorum.

The BRC had only three members present that included BRC chairman Teofisto Guingona III, blue ribbon subcommittee chairman Senator Aquilino Pimentel III and Senator Antonio Trillanes IV when it held a meeting to tackle contempt recommendation by Pimentel.

Guingona contradicted Sotto, saying whether the BRC conducts hearing in aid of legislation or meeting to transact business, the presence of at least two members is enough to constitute quorum.

”First of all there’s no difference in our rules between hearings and meetings and there is a principle in statutory construction and in law, when a statute does not distinguish, you must not distinguish,” Guingona, a lawyer by profession, explained.

Guingona further explained: “So we have a conflict between a general rule and a specific rule of the BRC. There is a principle in law, between a rule or a law which is general versus a rule or a law which is specific and the principle is, the specific law prevails over the general. And this rule that I said, two members of the committee shall constitute quorum to do business. This is specific in the BRC.”

With the Senate decision to adopt the BRC’s order, Senate President Franklin Drilon is expected to sign the arrest order and have it served to Binay and five others before Thursday’s continuation of Senate inquiry into the alleged overpriced Makati City buildings set at 9 a.m.

”The Senate president will give the order to the Office of Sergeant At Arms but we are making representations that the arrest be made right before the hearing so that they have not to sleep here tonight,” Senate Majority Leader Alan Peter Cayetano told the media.

Aside from Binay, other cited for contempt are Eduviges ‘Ebeng’ Baloloy, Marjorie de Veyra, Atty. Eleno Mendoza, Engr. Line dela Pena and Bernadette Portollano.

The BRC did not cite Makati City High School Prof. Tomas Lopez Jr. after he promised to attend future Senate inquiries. (PNA) LAP/JFM