Miriam: No ‘diarrhea’ excuse to delay ‘pork’ probe

Ayee Macaraig

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She warns judges against delays, since 'the temper of the times' indicate the public may take 'extra-legal remedies' that the judicial system is not prepared for

'ALMIGHTY DIARRHEA.' Sen Miriam Defensor Santiago says the Ombudsman should not allow delays in its pork barrel scam probe "in the name of the almighty diarrhea.” File photo by Rappler/Franz Lopez

MANILA, Philippines – “No postponement should be granted in the name of the almighty diarrhea.”

Sen Miriam Defensor Santiago pushed for a speedy investigation into the multi-billion-peso pork barrel scam, a day after plunder charges were filed against her fellow senators and other lawmakers for alleged corruption.

In radio interviews on Tuesday, September 17, Santiago said that the Ombudsman should not allow any motion for postponement to delay its preliminary investigation, particularly on the ground of “diarrhea.”

“When I was the RTC judge of Quezon City, I discovered that the country suffers from pandemic diarrhea. That is the most common ground for postponement sought by lawyers, the parties, and their witnesses,” she said.

Incidentally, Santiago’s statement came after her archenemy Senate Minority Leader Juan Ponce Enrile was rushed to the hospital due to high blood pressure resulting from an obstruction in his urethra. 

READ: Enrile in hospital, slams partial PDAF probe

Enrile is among the respondents in the plunder complaint the justice department filed before the Office of the Ombudsman on Monday, along along with Senators Ramon “Bong” Revilla Jr and Jinggoy Estrada.

They are accused of endorsing fake non-governmental organizations as recipients of their pork barrel in exchange for hefty kickbacks. 

Santiago urged the Ombudsman to devote all its resources to fast-track the case because of “acute public interest.” She said the agency can speed up the probe by observing its rules of procedures prohibiting delaying tactics like motion to dismiss, motion for bill of particulars, or motion for more definite statement of crimes.

The legal expert also dispelled fears that the plunder case will drag on for 5 years or more before the Sandiganbayan reaches a decision and the case goes up to the Court of Appeals and the Supreme Court.

“If our judges are lackadaisical and allow such a gross delay, the public, in line with the temper of the times, will definitely howl in protest and possibly seek extra-legal remedies, meaning remedies outside the legal system. I don’t know if our judicial system is ready to take that risk,” she said.

The senator cited her experience as a regional trial court judge during the Martial Law years, when she imposed a “no postponement policy.”

She then handled the illegal assembly case the military filed against University of the Philippines and Ateneo students, and movie personalities like Lino Brocka and Behn Cervantes over a protest in Quezon City.

“Exercising her judicial discretion, Santiago cancelled trials of other cases and conducted continuous trial of the case until she issued a decision in favor of the students,” said a statement from Santiago’s office.

The Supreme Court eventually upheld her ruling. 

‘Like cancer in Noli Me Tangere’

Santiago also said that some of her colleagues want the chamber to be silent on the pork barrel scam issue or to observe the rule of omerta.

Senate President Franklin Drilon said Tuesday that the Senate minority had requested that no names be mentioned in the chamber’s probe into the scam. Enrile and Estrada are members of the minority.

READ: ‘Minority wanted no names mentioned in Senate PDAF probe’

“I respectfully disagree with some senators who think that we should behave like the 3 monkeys – see nothing, hear nothing, say nothing. On the contrary, I believe in the free market of ideas. Let us expose what ails us, so that the public will see the Senate is capable of healing itself,” Santiago said.

While Drilon said that the controversy paved the way for a “cleaning process,” Santiago called the scandal a catharsis.

She compared it to national hero Jose Rizal’s idea in his novel Noli Me Tangere. “Rizal advocated that people with terminal diseases should be exposed on the steps of the church so that the public could examine the illness and maybe prescribe the right treatment.”

Santiago added: “If we refuse to talk about the pork scam, people might suspect that we are adopting a fortress mentality and building walls against the rest of the country, or that we are circling our wagons against public opinion. Instead, we should demand justice for both the accusers and the accused.”

Drilon cites plunder law this time

In his separate radio interview, Drilon again changed his position on when the lawmakers charged with plunder will be suspended from Congress.

In an interview Saturday, Drilon said the suspension will only take effect upon conviction. On Monday, the Senate President said an arrest warrant will effectively suspend the lawmakers while Congress has the power to punish its members.

READ: Drilon: Arrest warrant will suspend lawmakers in ‘pork’ scam

Now, Drilon cited the automatic suspension provision in the plunder law.

“What is written there? ‘Any public officer against whom a criminal prosecution under a valid information, under this act, meaning the plunder law, is pending in court shall be suspended from office. That is whatis written there. So it is when a case is filed before the Sandiganbayan, not the Ombudsman,” said Drilon.

Santiago issued a statement Monday contradicting Drilon’s earlier position and reiterating her stand that the plunder law provides for automatic suspension upon the filing of a case. 

READ: Miriam: Court case can suspend lawmakers in ‘pork’ scam 

Yet Drilon said Tuesday that the Supreme Court also issued a ruling in a case involving a governor charged with graft. He said the decision of the High Court limited preventive suspension to 90 days.

Drilon also said though that Article 6, Section 16, paragraph 3 of the Constitution gives Congress the power to punish its members through suspension or expulsion, limiting suspension to a maximum of 60 days.

“This is different from what is stated in the plunder law about preventive suspension,” he said. 

Drilon said the Senate has yet to study the issue because it is “novel” and a “case of first impression.” – Rappler.com 

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