Senate leaders insist De Lima can't join 'hybrid' sessions
Published Apr 30, 2020 12:00 am
By Vanne Terrazola
Senate leaders on Thursday maintained that detained Senator Leila de Lima cannot participate in their discussion even as they shift to holding hybrid sessions.
De Lima had complained about her exclusion in the Senate's plan to adopt physical and virtual sessions after their resumption on Monday, May 4.
Senator Leila de Lima (MANILA BULLETIN FILE PHOTO)
Earlier, Senate President Vicente Sotto III said she was not within the upper chamber's jurisdiction but under the courts and the Philippine National Police.
She slammed it as "foul and unfair", and also claimed that it was part of her supposed persecution as a critic of the Duterte administration.
Sotto, however, said they could not insist on De Lima's participation in their teleconference meetings. He recalled the failed attempts by former senators who were also detained for various charges.
"Then why did they not allow erstwhile incumbent Senators Enrile, Revilla, Estrada and Trillanes when they wanted to participate? I was in the minority then and I was asking that they be allowed, and what I said earlier was the response given to me," the Senate leader told reporters when asked to comment on De Lima's statement.
"As the saying goes, 'The sauce for the goose is the sauce for the gander'," Sotto added.
Majority Leader Juan Miguel Zubiri also defended the Senate leadership, saying their position had a legal basis.
"With all due respect to our colleague Senator Leila De Lima, whether she can or cannot participate in congressional sessions and hearings, whether in person or through teleconference/videoconference, is well-settled in our legal jurisprudence," Zubiri said in a separate statement.
"The Supreme Court in several cases -- Jalosjos, Trillanes and People v. Maceda -- has ruled that all prisoners whether under preventive detention or serving final sentence can not practice their profession nor engage in any business or occupation, or hold office, elective or appointive, while in detention," he added, citing consultation with the Senate's legal office.
"This is a consequence of arrest and detention," he further said.
To allow De Lima to take part in their discussions, as the high court decided in the case of former Congressman Romeo Jalosjos, "would violate the principle of the equal protection clause enshrined in our Constitution", Zubiri said.
"This was reiterated by the Supreme Court in the case of Trillanes. These are not my opinions but that of the court," he pointed out.
Zubiri advised De Lima to appeal these rulings. "And if her request is granted then we will comply," he said.
"Unfortunately it is a decision we cannot decide by ourselves without violating the rules of the court and legal jurisprudence," he said.
In her statement, De Lima said the Senate was "completely misinformed" in saying that the court's jurisdiction prevents her from participating in Senate sessions.
"The ruling of the Supreme Court on this matter is clear. The only limitation brought about by my detention is my mobility and ability to travel. As long as I stay in the detention center, there is nothing that prevents me from performing my job as a duly-elected Senator. The jurisdiction of the court is not affected by my participation in Senate hearings via electronic means," she said.
Sotto, on Wednesday, led the dry run of their hybrid session. It would be implemented after they adopt a resolution amending the Senate's rules when they resume their regular session on May 4.
Under a hybrid set-up, senators may physically attend or tune in to their plenary sessions via teleconferencing. Their attendance and votes will be counted in both modes.
Senator Leila de Lima (MANILA BULLETIN FILE PHOTO)
Earlier, Senate President Vicente Sotto III said she was not within the upper chamber's jurisdiction but under the courts and the Philippine National Police.
She slammed it as "foul and unfair", and also claimed that it was part of her supposed persecution as a critic of the Duterte administration.
Sotto, however, said they could not insist on De Lima's participation in their teleconference meetings. He recalled the failed attempts by former senators who were also detained for various charges.
"Then why did they not allow erstwhile incumbent Senators Enrile, Revilla, Estrada and Trillanes when they wanted to participate? I was in the minority then and I was asking that they be allowed, and what I said earlier was the response given to me," the Senate leader told reporters when asked to comment on De Lima's statement.
"As the saying goes, 'The sauce for the goose is the sauce for the gander'," Sotto added.
Majority Leader Juan Miguel Zubiri also defended the Senate leadership, saying their position had a legal basis.
"With all due respect to our colleague Senator Leila De Lima, whether she can or cannot participate in congressional sessions and hearings, whether in person or through teleconference/videoconference, is well-settled in our legal jurisprudence," Zubiri said in a separate statement.
"The Supreme Court in several cases -- Jalosjos, Trillanes and People v. Maceda -- has ruled that all prisoners whether under preventive detention or serving final sentence can not practice their profession nor engage in any business or occupation, or hold office, elective or appointive, while in detention," he added, citing consultation with the Senate's legal office.
"This is a consequence of arrest and detention," he further said.
To allow De Lima to take part in their discussions, as the high court decided in the case of former Congressman Romeo Jalosjos, "would violate the principle of the equal protection clause enshrined in our Constitution", Zubiri said.
"This was reiterated by the Supreme Court in the case of Trillanes. These are not my opinions but that of the court," he pointed out.
Zubiri advised De Lima to appeal these rulings. "And if her request is granted then we will comply," he said.
"Unfortunately it is a decision we cannot decide by ourselves without violating the rules of the court and legal jurisprudence," he said.
In her statement, De Lima said the Senate was "completely misinformed" in saying that the court's jurisdiction prevents her from participating in Senate sessions.
"The ruling of the Supreme Court on this matter is clear. The only limitation brought about by my detention is my mobility and ability to travel. As long as I stay in the detention center, there is nothing that prevents me from performing my job as a duly-elected Senator. The jurisdiction of the court is not affected by my participation in Senate hearings via electronic means," she said.
Sotto, on Wednesday, led the dry run of their hybrid session. It would be implemented after they adopt a resolution amending the Senate's rules when they resume their regular session on May 4.
Under a hybrid set-up, senators may physically attend or tune in to their plenary sessions via teleconferencing. Their attendance and votes will be counted in both modes.