Need for closure

I’m back teaching Political Science at the University of San Carlos and assigned a teaching load at the downtown campus, thanks to our chairperson Grace C. Magalzo.

Thank you, Lord, for my good health.

As I started classes last week, I was confronted with questions about the Senate investigation of Vice President Jejomar Binay. I was asked if Binay should appear before the blue ribbon subcommittee  to answer questions and clear his name  on the alleged overpriced Makati building that was built when he was  mayor, and his alleged ownership of a property in Batangas.

The answer can be found in the 1987 Constitution which states that part of the inherent powers of Congress is to conduct  investigation in aid of legislation.

It simply means investigations are to be conducted to help the legislature preform its function in crafting laws, to facilitate the gathering of data and information that may be crucial in drafting a bill.

In the case of the Binay investigation, no proposed law has been submitted and considered. The investigation should not be in aid for prosecution because that function belongs to the justice department, although lately the Senate has conducted investigations whose findings are sometimes used by the Office of the Ombudsman to prosecute erring public officials.

The  Binay investigation has been going on for quite some time. Apparently, we see no end to this  being vigorously pursued by two personalities harboring presidential ambitions. So it can be said that  the longer it takes, the better it  bolsters their political stock.

If one is to observe the procedure during the investigation,  senators have failed to observe  due process of law, the presumption of innocence  unless proven otherwise,  and the role of  the court as the proper venue to prove the guilt of the accused.

That is why I understand where the President is coming from when he suggested to the Senate to take the case to court if the blue ribbon committee has evidence to pin Binay down.

Secondly, we have a presidential system of government which  observes basic principles like the division of powers, and the roles of  three branches of government that are  independent of each other and  must respect each other.

This parliamentary courtesy demands that Congress may invite the executive to appear in congressional investigations but must respect the executive  official if he refuses to heed their invitation.
Apparently, this is where  we have problems in the Binay investigation.

The inquiry has become truly partisan in nature. Many committee members belong to the administration party. Binay belongs to the opposition.

To put closure to the Binay investigation, it is best to take the case to  court. If Binay is proven guilty, then the appropriate sentence will be handed down and a penalty will be imposed.

At least, we would see it concluded, and not go on like it is today where they  investigate nearly all the things that Binay supposedly did wrong.