Investigating Quiboloy

But he has been summoned to appear before the Senate Committee on Women, Children, Family Relations and Gender Equality to defend himself.

He has resisted the summons. This has compelled Senate President Juan Miguel “Migz” Zubiri to issue a subpoena to command him to appear before the committee chaired by Sen. Ana Theresia “Risa” Hontiveros. The House Committee on Franchises has also asked him to appear at its hearing on the alleged violations of the terms of the franchise of his TV network, Sunshine Media Network International (SMNI).

We do not know how he will respond. His failure to appear risks his being cited for contempt by the Senate. This is not how everyone reads the Constitution, but this is how some powerful Congress officials read it.

Section 21 of Article VI says, “The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.”

However, some members of Congress seem to read it as follows: “The Senate or the House or any of its respective committees shall conduct criminal investigations according to its discretion” (not as written above).

Thus, the committee hearing has become the place where the government confronts people suspected of having violated the law without presuming them innocent until they are proven guilty, in keeping with the universal practice under the rule of law, and without meting on them the appropriate legal punishment if they are truly guilty. Apparently, Quiboloy has taken the position that if certain parties believe he had committed certain crimes, they should take him to court, which should judge him according to the law.

So, he has refused to appear before the Hontiveros committee. But after Zubiri signed the subpoena ordering him to appear at the next committee hearing, he released a video explaining why he had until now snubbed the committee. He said he had gone into hiding because he feared he might be kidnapped or assassinated by the US FBI and CIA. The fact that he is facing sex trafficking, bulk cash smuggling, money laundering and other charges in the US is no excuse for him to avoid an invitation from Philippine authorities; he could honor such an invitation but refuse to answer any self-incriminatory questions on constitutional grounds.

If anyone has accused him of any criminal offense, the Senate is the wrong venue to affirm or deny it; his accusers should take him to court, which alone has the power to try it, acquit him if he’s innocent, and punish him if he is guilty. A Senate investigation could produce some sensational headlines but will not be able to resolve his innocence or guilt.

So, he has the right to demand that he be charged in court where he can adequately defend himself. And the public has an equal, if not a larger, right and duty to demand that this particular religious leader be first cleared of serious charges against him before he is allowed to continue talking about religion and God. If he is a sexual predator, the public should be protected from him.

But this issue goes beyond Hontiveros and Quiboloy. It involves every committee that conducts inquiries in aid of legislation. This seems to have replaced the real work of the entire Congress in plenary session. The Constitution commands every committee to respect “the rights of persons appearing in or affected by such inquiries.” But this is the first rule that they quickly shoot down.

A personal aside. On my second of two consecutive terms as a senator, I served as Senate majority leader to six Senate presidents. I was a member of all standing committees and could sit in any committee hearing I liked. But these hearings tended to turn into inquisitorial proceedings that tried to establish the guilt of certain parties. So I hardly took part in them.

The biggest scandal occurred in 2000 when Ilocos Sur Gov. Luis “Chavit” Singson claimed he had been delivering protection money to President Estrada from the gambling lords in Luzon. Senate Minority Leader Teofisto Guingona in a privilege speech read these allegations into the record, and instantly, Sen. Aquilino “Nene” Pimentel, as chairman of the blue ribbon committee, ordered an investigation.

Despite the effort to paint it as an “inquiry in aid of legislation,” it stood out as a naked assault on the doctrine of “separation of powers.” Under the Constitution and the Rules of Parliamentary Procedure, Congress may not investigate a sitting president unless he has already been impeached by the House of Representatives and is now being tried by the Senate as an impeachment court.

As chairman of the Committee on Rules, I tried to restrain Pimentel from investigating. But he was so determined to investigate and ignored my appeal to the Constitution and the Rules. I had to raise the issue before the plenary session, but not even the Senate president supported my position. Only the late Miriam Defensor Santiago, a former trial judge and a constitutional expert, had the courage to take the side of the Constitution and the Rules.

So, Estrada’s enemies went to town against him, who was not even present at the hearings nor represented by counsel. The rest is part of our shameful history.

It took me a long time after that historic event to realize that that blue ribbon committee investigation was, in fact, the first calculated step toward Estrada’s impeachment and eventual ouster. The times and personalities have changed, but the struggle to be faithful to the smallest constitutional prescription remains. I hope this time, the law wins.