Jurisdiction issue hounds ethics panel hearing vs. De Lima

The Senate ethics committee should not proceed with the complaint filed against Senator Leila de Lima over her alleged involvement in illegal drug trade until the panel decides whether or not it has jurisdiction over it, Senate President Pro-Tempore Franklin Drilon said Tuesday.

Drilon, along with members of the ethics panel, convened Tuesday to determine whether the complaint filed by lawyer Abelardo de Jesus was sufficient in form and substance.

The complaint was based on the speech of President Rodrigo Duterte alleging that De Lima, through her driver, collected money from inmates in the New Bilibid Prison to finance her senatorial campaign in the May 2016 elections.

De Lima, a former Department of Justice secretary, had since denied this accusation.

Tuesday's committee hearing was suspended amid the failure of the senators to agree whether the panel should first decide whether or not it has jurisdiction to decide on the complaint based on the rules, or if the complaint has form and substance.

Citing a 2001 decision of the ethics panel, Drilon argued that it would be "useless" for the committee to determine if the complaint is sufficient in form and substance if it has no jurisdiction over it.

The 2001 decision involves a complaint filed against then-Senator Loi Ejercito-Estrada over an act involving her role as former First Lady.

Drilon, an ally of De Lima under the Liberal Party (LP), recalled that the Senate then concurred to the ethics panel's decision that it has no jurisdiction over the acts committed by Estrada before she took her oath of office as a member of the Senate.

That was the ruling of the ethics committee in 2001 and the ruling was affirmed by the Senate as a body....Yung na-cite doon sa committee report, that is the same rule that we have today," Drilon argued.

So, we follow that precedent and, at the very least, rule first on the jurisdiction before we rule on the substance. Kasi useless, even if you determine that the form and substance is sufficient and if we have no jurisdiction, what is the use? he added.

Rule 2, Section 15 of the approved rules of the committee states that sworn complaints are those that are filed by any person or persons... alleging that any senator has violated a law or any rule of the Senate relating to the discharge of his duties as a member of the Senate; or has engaged in improper conduct which may reflect upon the Senate, at any time after he or she has taken his or her oath.

Senator Risa Hontiveros agreed with the position of Drilon, saying that the separate rule providing the determination of form and substance is only "activated when Section 15 is complied with.

Senator Panfilo Lacson, for his part, insisted on determining first the form and substance of the complaint simply because it is the primary consideration that we have to look into before we consider jurisdiction.

Senator Vicente “Tito” Sotto III, chairman of the ethics panel, said they would schedule the next hearing on Thursday.

The last thing we would want them to think is that we did not give enough time or credence to the complaint, he said.

Sotto also decided to reject a supplemental complaint affidavit submitted by De Jesus Tuesday morning because it was not notarized

source gmanews