Solon on Aguirre taking over Bilibid probe: De Lima did it too

Justice Secretary Vitaliano Aguirre. INQUIRER FILE PHOTO/ MARIANNE BERMUDEZ

The House of Representatives justice committee chairman Reynaldo Umali on Wednesday said there was nothing out of order in letting Justice Secretary Vitaliano Aguirre take over the congressional probe into the alleged drug trade at the New Bilibid Prison.

READ: Aguirre allowed to grill own witnesses in Bilibid drug probe

In his opening statement on the second day of the House of Representatives’ justice committee inquiry over the proliferation of drugs at the national penitentiary, the Oriental Mindoro congressman refuted claims of the “legitimate eight’ bloc of lawmakers that allowing Aguirre to take over the hearing was a violation of the House rules.

Umali said the rules do not prevent Aguirre to grill his own witnesses even though he was not a member of Congress.

He added that then Justice Secretary Leila De Lima, who is the subject of the Bilibid probe, also led the direct examination of Benhur Luy and other whistleblowers during the Senate investigation of the Janet Lim Napoles-steered pork barrel scam.

“This is not unprecedented… Nung panahon na inimbestigahan si Napoles sa Napoles scam sa Senado (When Napoles was investigated for her scam in the Senate), you’ll recall the person handling the direct examination of Benhur Luy who is a witness was no less than former secretary Leila De Lima, now senator,” Umali said.

Umali said Aguirre was allowed to conduct a direct examination of the witnesses because he was not lawyering for the witness and his office investigated them over the drug trade.

“Bakit po si Sec. Vit Aguirre ang nagdidirect? Unang una, hindi naman po pinagbabawal ng rules natin ‘yan (Why is Sec. Vita Aguirre directing the (questioning)? First of all, our rules do not forbid that), because Secretary Vit is not the lawyer of the witnesses. He is the secretary of justice who conducted the investigation,” Umali said.

Deputy speaker Capiz Rep. Fredenil Castro corroborated the chairman’s statement, adding that the rules do not proscribe Aguirre from holding a direct examination.

Castro added that Aguirre’s holding a direct examination of witness may be considered his presentation as resource speaker.

“It’s not proscribed by our rules. If we did not allow the secretary of justice to make the presentation… This representation believes that in addition to the fact that it was not proscribed by our rules, the presentation of Sec. Aguirre yesterday was itself a presentation of a resource person,” Castro said.

In a statement on Tuesday, majority floor leader Ilocos Norte Rep. Rodolfo Farias said Aguirre was allowed to grill the witnesses because it was his department which investigated them.

“He is the Secretary of Justice whose office has investigated these inmates and public officers. Thus, the committee allowed him to present his investigation and the witnesses in relation to the subject matter of the resolution,” Fariñas said.

Fariñas said the members of Congress were also allowed to interpellate the witnesses after Aguirre finished the direct examination.

“He is not the counsel of these witnesses but a resource person of the committee. As you might have heard, the committee members themselves will have the opportunity to examine the witnesses, and even test their credibility,” Fariñas said.

In a press conference on Tuesday, members of the “Legitimate 8” representatives in the minority bloc questioned why Aguirre was allowed to grill witnesses even though he was not a House member.

“Hindi member ng committee ang nagtatanong. Ang nangyayari, parang siya ang kumuha ng testimony, siya rin ang nagtatanong (The one asking questions is not a member of the committee. What happened was he was the one who extracted the testimonies and still got to do the direct examination),” Magdalo Rep. Gary Alejano said.

Albay Rep. Edcel Lagman said allowing Aguirre to lead the House inquiry was a violation of the House rules because only members of the committee should be allowed to grill the witnesses.

“If Aguirre is acting as counsel of the witnesses, under the rules of the House and under tradition, the lawyer cannot direct questions to the witness. He should pass questions through the committee or committee chair,” Lagman said.

“What happened is violation of rules of House,” Lagman added.

During the probe on Tuesday, Aguirre was allowed to grill convicts Rodolfo Magleo and Herbert Colanggo, and National Bureau of Investigation deputy director general Rafael Ragos and intelligence officer Jun Ablen.

READ: Cons pin down De Lima

Representatives were only allowed to interpellate the witness after Aguirre’s direct examination.

The witnesses alleged that De Lima got millions of payola from the illegal drug trade at the Bilibid. IDL