Anyone who took the floor at the unofficial Blue Ribbon Committee hearing convened by Sen. Alan Peter Cayetano’s bloc could end up answering for it in court, Sen. Panfilo “Ping” Lacson cautioned on Friday.
The central problem, according to Lacson, is that the gathering never entered the official Senate record. Without that standing, he argued, neither the witnesses nor the lawmakers present can shield themselves behind the legislative privilege normally afforded to senators during sanctioned inquiries.
“Yes, they can be charged, possibly for cyber libel and other crimes since it was a bogus hearing and no parliamentary immunity may be invoked, not even the senators who participated,” Lacson said in a press release, as reported by the Philippine Daily Inquirer and GMA News.
That assessment drew agreement from Sen. Francis “Kiko” Pangilinan, who framed the matter in plain terms. “Walang official record, hindi official proceeding so wala,” he said, explaining that an event lacking any official documentation cannot qualify as a legitimate proceeding and therefore extends no protection to those who joined it.
The session in question saw 18 men identified as former Marines deliver statements tying assorted figures to the supposed movement of cash stuffed into suitcases. Lacson said these individuals are the ones most exposed to cyber libel complaints.
A separate category of risk applies to the public officials who participated. Lacson pointed to usurpation of authority or official functions as a charge they could face. He cited Article 177 of the Revised Penal Code, under which a person who knowingly carries out official acts without lawful authorization may be penalized with prisión correccional in its minimum and medium periods.
Lacson, Pangilinan, and their allies were the ones who declared all Senate posts vacant on June 3 and installed a new slate of officers, among them Sen. Sherwin Gatchalian as Senate President Pro Tempore and acting Senate President, and Sen. Erwin Tulfo as Blue Ribbon Committee chairman. Tulfo had set the official flood control inquiry for Monday, June 8.
The Cayetano camp disputes all of this and maintains that Cayetano remains the rightful Senate President. The Thursday hearing was presided over by Sen. Pia Cayetano and Sen. Rodante Marcoleta, who had been named to lead the committee under Cayetano’s leadership.
As for the people named during Thursday’s statements, Lacson believes they are on firm footing to pursue legal action. The only thing that would weaken their position, he said, is a reversal at the highest court. “Only if the SC will overturn the Avelino vs Cuenco ruling and invalidate the action taken by the 12 senators last Wednesday, those who were offended in yesterday’s event have a good case,” he said, referring to the precedent the new majority relied on to argue a quorum existed when it carried out the leadership overhaul.
