At A Glance
- Reps. Robert Nazal, Paolo Marcoleta, and Eli San Fernando defended Cavite Rep. Francisco Barzaga, voting against his expulsion and arguing that lesser sanctions should have sufficed.
- Nazal stressed that expulsion was the gravest penalty, Marcoleta warned against silencing critics and curbing free expression, while San Fernando highlighted the democratic implications of disenfranchising Barzaga's constituents.
- All three underscored that offensive speech or misconduct should not automatically merit expulsion, cautioning that such a precedent could later be applied to other lawmakers.
From left: Bagong Henerasyon (BH) Party-list Rep. Robert Nazal, SAGIP Party-list Rep. Paolo Marcoleta, and Kamanggagawa Party-list Rep. Eli San Fernando (Facebook)
Like a loyal bunch of friends, Bagong Henerasyon (BH) Party-list Rep. Robert Nazal, SAGIP Party-list Rep. Paolo Marcoleta, and Kamanggagawa Party-list Rep. Eli San Fernando defended erstwhile Cavite 4th district Rep. Francisco "Kiko" Barzaga until the bitter end.
Barzaga, the self-styled cat-solon or "congressmeow" waved his last goodbye in House plenary on Tuesday night, June 2, after 265 of his colleagues voted to adopt a recommendation for his expulsion from the chamber on account of "disorderly behavior".
Nazal, Marcoleta, and San Fernando were three of the 14 solons who voted "no" to this proposition.
They have been defending Barzaga from being punished dating back to late last year when the eccentric lawmaker was first slapped with a 60-day suspension without pay.
In explaining his "no" vote, Nazal clarified that he was not condoning the actions and statements attributed to Barzaga. “Public office demands dignity, restraint, and respect for this institution and for the people we serve,” he noted.
After careful consideration of the complaint against Barzaga, Nazal agreed that certain sanctions may be merited, but nothing as extreme as expulsion from the House.
“Expulsion is the gravest penalty this House can impose upon one of its Members. Ito po ang pinakamabigat, pinakamatindi, at halos hindi na maibabalik na kaparusahan (This is the heaviest, most severe, and almost irreversible punishment), Nazal said.
"It is not a mere reprimand. It is not censure. It is not suspension. It is the complete removal of an elected representative from the seat entrusted to him by the people,” he explained.
Nazal said expulsion must be “reserved only for the most extreme cases, for acts so grave and so incompatible with public office that no lesser penalty would be sufficient.”
There is also a precedent in the 2004 ethics complaint filed against former House Speaker Pantaleon Alvarez, who Nazal recalled was accused of disorderly behavior and for making statements that were injurious to the dignity of the institution, but the House took the prudent route in imposing a penalty of censure rather than expulsion.
You can't silence Kiko
Marcoleta, who spoke before nominal voting, said: "I have said this before, and I will say it again: 'You cannot enhance the image of the House by silencing your critics. What the House needs is institutional reform.'”
"Akala niyo ba ay mapapatahimik niyo si Cong. Barzaga sa pagpuna sa katiwalian ng gobyerno kung siya ay tatanggalin niyo bilang kinatawan ng Dasmariñas City? Alam niyo naman na hindi," he said.
(Did you think you could silence Cong. Barzaga from criticizing government corruption by removing him as Dasmariñas City representative? You know you could not.)
Marcoleta slammed what he described as the lack of freedom of expression in the lower chamber, as supposedly evidenced by Barzaga's case.
"Saan ba nag-uugat ang lahat ng kasong ito? Dahil tinawag niyang crocodile farm ang House of Representatives? Marami ba ang nasasaktan sa pahayag niyang ito?" he asked.
(Where do all these cases stem from? Because he called the House of Representatives a Crocodile Farm? Did many feel hurt by this statement?)
"Ano ba ang matalinhagang kahulugan ng 'buwaya' or crocodile sa kontekstong pampulitka? Matakaw, ganid sa pera at kapangyarihan, makasarili at inuuna ang sariling kapakanan bago ang kanyang nasasakupan. Hindi naman lahat ng House Members ay maituturing na buwaya. Meron pa din naman matitino," Marcoleta further said.
(What is the figurative meaning of “crocodile” in the political context? Greedy, money- and power-hungry, selfish, and prioritizing personal interests over constituents. Not all House Members can be considered crocodiles. There are still those who are upright.)
Broader implications
For his part, San Fernando touched on the broader implications of the Dasmariñas City lawmaker's expulsion.
"At the heart of this question is democracy itself. In deciding that the duly-elected Rep. Barzaga must be expelled, we are disenfranchising the 160,000 voters who have selected him to serve them," he said.
"Today's decision would forever be a stain on this institution," claimed San Fernando.
"Let us be clear: ang usapin dito ay hindi kung tama o mali si Rep. Barzaga. Hindi kung siya ba ay dapat punahin, parusahan, o i-suspend. Ang tunay na tanong: handa ba tayong magtakda ng bagong pamantayan—na ang offensive speech, ang pagiging pasaway, o ang 'parliamentary misconduct' ay katumbas na ng pinakamabigat na parusa na kaya nating ibigay?" he asked.
(The issue here is not whether Rep. Barzaga is right or wrong, nor whether he should be criticized, punished, or suspended. The real question is: are we ready to set a new standard—that offensive speech, defiance, or 'parliamentary misconduct' would already merit the heaviest punishment we can impose?)
San Fernando says that if the majority's decision becomes the new standard, then the question is no longer why Kiko Barzaga is being expelled. "The question is why so many others before him were not."
"You might be overjoyed at the act of punishing Rep. Barzaga. But power is not permanent. Bilog ang mundo. Darating ang panahon na ang ginawa ng Kongresong ito kay Rep. Barzaga ay maaari ring maipataw sa kahit sinuman sa atin.
(The world is round. The time will come when what this Congress did to Rep. Barzaga may also be imposed on any one of us.)