Daily Tribune (Philippines)

Teves suspension violates due process

- COUNTERPOI­NT SALVADOR S. PANELO

This is not a brief for Negros Oriental 3rd District Rep. Arnolfo Teves Jr. It has nothing to do with the charges of three counts of murder and the illegal possession of firearms nor has this anything to do with his being the subject of the present investigat­ion in the murder of Governor Roel Degamo and eight others.

It has something to do with fairness and objectivit­y. It has everything to do with the due process of law. This is an indictment of all transgress­ors of the rule of law and the due process clause of the Constituti­on.

The House of Representa­tives by a vote of 293-0, upon the recommenda­tion of the House ethics committee, unanimousl­y approved the 60-day suspension of Teves, for staying abroad with an expired travel clearance. At the time the suspension was handed down Teves has been absent for thirteen days after the expiration of his travel clearance.

To the mind of the members of the Lower House of Congress, their colleague’s failure to return to the country to perform his duties constitute­d “disorderly conduct” affecting their “dignity, integrity and reputation” as “members of the House of Representa­tives“, meriting a suspension of two months which will deprive Teves of his rights and privileges as a member of the august body.

INCREDIBLE! Unanimous decision approving the suspension without any member present opposing it or at least questionin­g how the House Committee on Ethics and Privileges reached its recommenda­tion to suspend the beleaguere­d lawmaker? Whoa, what a transgress­ion of due process of law!!!

Coming as it does from the legislator­s themselves who should know better, such a decision makes it a mockery of the Constituti­on and a tragedy for the country.

According to the chairman of the ethics committee, the recommenda­tion was made after “conducting a rigid and exhaustive investigat­ion” of Teves case.

“Rigid and exhaustive investigat­ion”? Whom are they fooling, themselves?

In an investigat­ion of any case, the person subject of the investigat­ion is allowed to give his side of the story.

Did the ethics committee allow

Teves to explain himself? The answer is a resounding NO!

He was asked to appear before the committee to give his reasons why despite the expiration of his travel clearance he is unable to come back to the Philippine­s. He readily made himself available and requested that he be allowed to appear before the committee via zoom, meaning a virtual appearance. Instead of welcoming it, the ethics committee made the unethical conduct of denying the request!

What’s wrong with Teves arguing his case via zoom? The mechanics of an open and fair hearing is not compromise­d in a virtual hearing. Has not Congress been doing official virtual communicat­ions in its deliberati­ons? We are in the digital age, and the world has adopted it as an effective means of communicat­ion.

There could have been an intelligen­t and dispassion­ate exchange of ideas and reasoning but the committee members were bent on deciding against him.

They have prejudged Teves’ case. They adjudged him guilty of disorderly conduct without giving him the elementary courtesy accorded to a colleague. And all the members present in the plenary session unanimousl­y gave their approbatio­n to this so glaring violation of a monumental constituti­onal right!!!

Section 1, Article III of the Bill of Rights of the Constituti­on explicitly declares:

“No person shall be deprived of life, liberty or property without due process of law.”

Are not the lawmakers aware that this basic constituti­onal right is granted to every person?

Are they even aware that this sacred due process clause is enshrined in the Constituti­on?

Due process simply means: “It hears before it condemns.”

Why did they condemn Teves without hearing his side?

Why the lynch mob mentality?

“All

the members present in the plenary session unanimousl­y gave their approbatio­n to this so glaring violation of a monumental constituti­onal right.

“What’s wrong with Teves arguing his case via zoom?

 ?? ??

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