Senate majority leader Francis Tolentino yesterday said the ethics complaint filed by Sen. Nancy Binay against Sen. Alan Peter Cayetano will first be assessed before the Committee on Ethics and Privileges can act on its merit and conduct an investigation.
Tolentino, who is the committee chairman, told radio dyPM in an interview that the process involves the conduct of a preliminary investigation to determine if the complaint is sufficient in form and substance to warrant an investigation.
He said a complaint is considered sufficient in form and substance if it follows the correct format and procedure, contains an allegation or raises an issue, which the committee can act on.
Tolentino explained the process after Binay lodged an ethics complaint against Cayetano on Monday following their heated argument last week in relation to the ongoing Senate review of the ballooning construction cost of the new Senate building (NSB).
Binay formerly headed the Committee on Accounts, which oversaw the project. Cayetano took over the panel after a change in leadership in the Senate last May 20.
It was Senate President Francis Escudero who raised questions on the construction cost of the NSB, and asked the Cayetano panel to review the undertaking.
During last week’s committee hearing, the two senators engaged in a heated exchange after Binay said that the project cost will only be at P21 billion once completed. Cayetano said documents submitted to the panel showed the actual cost would reach P23 billion.
In her complaint, Binay alleged Cayetano accused her of providing a set of questions to the media during her radio interviews, and called her names like “Marites”, and “buang” (crazy).
Tolentino said an ethics complaint is unique since senators usually settle their differences in closed door meetings.
Members of both houses of Congress can punish their members “for disorderly behavior, and, with concurrence of two-thirds of all its members, (may) suspend or expel a member.
The authority is granted by the Constitution not merely to punish an individual member, but to protect the institutional integrity of the Senate, its proceedings, and its reputation.
Since 1924, at least five members of Congress have been sanctioned including Sen. Jose Alejandrino (1924), Senate President Jose Avelino (1949), Rep. Sergio Osmena Jr. (1960), Sen. Juan Ponce Enrile (1988), and Sen. Heherson Alvarez (1996).
Tolentino said he will convene the committee to discuss the complaint when Congress resumes regular sessions on July 22.
The members of the panel are Senators Binay, Raffy Tulfo, Mark Villar, Risa Hontiveros, Ronald dela Rosa, Jinggoy Estrada (ex-officio), and Aquilino Pimentel III (ex-officio).
Tolentino said the committee still lacks one member, but it has a quorum given the number of members.
Escudero, in a chance interview yesterday, said he hopes that a repeat of the incident between Binay and Cayetano will not happen again when the committee holds its second hearing on the matter today.
“Sana manalig ang pagiging kalma sa panig at parte ng dalawa naming kasamahan dito sa Senado (I hope that they both remain calm),” Escudero said.
He reiterated that he ordered a review of the costing since the Department of Public Works and Highways (DPWH), which is implementing the project, has not been very cooperative in the review the Senate has been making in a bid to make sure that what the upper chamber will spend is reasonable.
The NSB initially costs P8.9 billion but the amount to complete it will reach more than P23 billion.
Escudero said he would talk with Binay and Cayetano to remind them on how to go about with the hearing since they are both considered veterans due to the number of years they have been senators.
He said the committee will first try to fix whatever differences Binay and Cayetano have, before proceeding with the hearing proper.
He said it is up to the committee chairman if he will decide to allow the public to witness the proceedings.