Former Senate president Aquilino “Koko” Pimentel III on Sunday warned that planned Senate hearings may be questioned if the committees proceed without minority representation.
Pimentel said the Senate leadership should not push through with the hearings while the committees are not yet fully constituted, saying this would go against the spirit of the Senate rules.
He was referring to reports that Senate President Alan Peter Cayetano would create a Blue Ribbon subcommittee, led by Sen. Rodante Marcoleta, to resume the investigation into alleged anomalies in flood control projects on Thursday, June 4.
The Committee on Public Order and Dangerous Drugs, chaired by Sen. Ronald “Bato” Dela Rosa, is also planning to investigate the May 13 shooting incident inside the Senate building.
Pimentel said proceeding with the hearings would further deepen the division between the majority and minority blocs because the minority still has no representation in the committees, which were declared vacant following the change in Senate leadership on May 11.
“Eh di away na naman ’yan kasi nga parang walang respeto… Ngayon, sa laki ng grupo ng minority, halos 50-50 ’yan eh, kalahati, so dapat nire-respeto ang minority. Hintayin ang pangalan galing sa minority bago maka-andar yung barko o yung committee,” Pimentel said.
“That will lead to another conflict because it seems that there is no respect for the minority… With the big number of the present minority, it’s almost 50-50, almost half, so the minority must be respected. The leadership should wait for the nominees to each committee before they proceed with any committee hearing,” he added.
Pimentel said the minority should also do its part by submitting the names of senators it wants assigned to the committees.
“Ang Senado kasi under a democracy yan. Therefore, ang rules namin actually pinoprotektahan ang minority, na hindi puwedeng patahimikin ang minority, hindi sila puwedeng i-etsa puwera,” he said.
“The Senate is under a democracy. Therefore, our rules actually protect the minority, that the minority cannot be silenced, cannot be set aside,” he added.
Cayetano, in a Facebook live on Saturday, said Senate rules allow the creation of subcommittees, including a Blue Ribbon subcommittee to resume the flood control inquiry.
He said those opposing the move on procedural grounds may simply want to block the investigation.
“Hindi po bawal ha. Nasa rules po yan. All the majority has to do is for the chairperson, Sen. Pia Cayetano, to come out herself with a notice on Monday,” Cayetano said.
“This is not prohibited. That is in accordance with the rules. All the majority has to do is for the [BRC] chairperson, Sen. Pia Cayetano, to come out herself with a notice on Monday,” he added.
Under the Senate rules, committee chairpersons may designate vice chairpersons and create subcommittees deemed necessary.
Minority Leader Vicente Sotto III, however, said the creation of the subcommittee must be done in plenary.
Pimentel said the rules require minority representation in every committee, with nominees coming only from the minority.
“Ang tradition kasi diyan sa pagpili ng minority leader dapat hindi maki-alam si majority, tama? Eh di pagdating sa minority representation sa committee, huwag makialam si majority. Ganoon din sa bicam. Basic parliamentary courtesy and respect,” he said.
He said the minority should cooperate by submitting committee nominees so it will not be accused of intentionally delaying the proceedings.
“Pero may pakiusap din naman ako sa minority kasi ang laki nila. Magco-cooperate naman din sila in naming their members. Huwag naman nila masyadong i-dribble ang bola nang sobrang tagal na ang pakiramdam naman ni Senate President at ng majority ay dini-delay niyo na kami,” Pimentel said.
“But I also urged the majority not to set aside the minority because it is against the rules, if not in letter, then in spirit. The Senate is in a sorry state now,” he added.
Pimentel said committee membership should be based on ratio and proportion because the minority bloc is large. For instance, he said that if a committee has nine members, five should come from the majority and four from the minority.
He warned that if the majority insists on conducting hearings without minority representation, the legality of the inquiry may be challenged before the Supreme Court.
“Magkakaroon ng political value kasi iko-cover ng media at gagawin nilang public hearing. Pero legally speaking, ang tanong ko sa sarili ko, was that a committee hearing? Is that already a valid constituted committee? Kasi walang boses ang minority diyan. Puwede ma-question yan sa korte,” he said.
“It will have political value because that will be covered by the media, and it will be a public hearing. But legally speaking, I would like to ask myself, was that a committee hearing? Is that already a valid constituted committee? Because the minority has no voice in them. That can be questioned before the court,” he added.
Pimentel said a subcommittee cannot properly function if its mother committee has not yet been fully constituted.
He also said the leadership must explain why senators with pending criminal cases related to flood control projects were elected as committee vice chairmen and members. He cited Marcoleta, whose wife was an independent director of an insurance firm linked to the Discaya couple.
Pimentel said the minority is so important that the Senate president may designate at least one senator as part of the minority if all 23 other senators want to join the majority.
“Eh ngayon ang ginagawa ng Senado ay di namin kayo hihintayin, bubuuin namin ang lahat ng committee kahit wala kayo. Hindi puwede yan,” he said.
“But now the Senate leadership is constituting all the committees even without the minority. That is not allowed,” he added.