Despicable? | The Manila Times

THE Congress of each country is deliberative. It is governed by established rules and precedents established in previous Congresses. All decisions of a legislature are carried out by the plenary assembly. All plenary proceedings are recorded in the Journal, and verbatim transcripts are in the Records of Congress. The Order of Business refers to the daily agenda of the body. In all these cases, traditions are an integral part of the institution itself.

The rules of Congress have been in place since time immemorial. That is what the pioneers of Congress learned when Congress began in 1987. Those who say that resource persons and witnesses are the same thing do not understand the difference. The spelling alone makes a clear distinction. The roles of each make the obvious clear. A resource person is like an amicus curiae in the judicial branch. A resource person is an expert in a particular area, while a witness is an individual involved in an illegal activity that is the subject of a congressional investigation.

The primary role of resource persons is to provide information, insights, and recommendations that can help lawmakers understand complex issues. They may be called upon to share their expertise on specific topics, provide data, or present research findings that can inform legislative decisions. Resource persons are typically not cross-examined in the same way as witnesses. Instead, they contribute to the discussion by answering questions posed by committee members. Witnesses, on the other hand, are individuals who testify under oath and are often called upon to provide evidence or personal accounts related to the matters under investigation. Witnesses may be individuals with direct knowledge of events, victims of issues under investigation, or officials whose actions are being investigated. Their testimony is typically more formal and they may be subject to rigorous questioning by committee members, which may include cross-examination. The purpose of calling witnesses is often to gather factual information or to hold individuals accountable for their actions. And Vice President Sara Duterte was right not to take an oath. That has nothing to do with accountability, as the Audit Committee is still reviewing its office’s use of confidential funds and intelligence funds in fiscal year 2022.

In support of legislation refers to the constitutional authority granted to legislative bodies, such as the House of Representatives, to conduct studies that assist in creating or amending laws. This process allows legislators to gather information, insights, and recommendations from a variety of sources that can inform their legislative decisions. The primary purpose of these studies is to ensure that proposed laws are well-informed and effectively address the needs of the public. During these studies, legislators may invite experts, stakeholders, and affected individuals to provide their perspectives on existing laws or proposed legislation. This process is critical to maintaining accountability and ensuring that laws are created based on extensive evidence and public input.

Despite their importance, legislative inquiry can sometimes be criticized for being abused or for draining resources without producing significant legislative results. Some observers question whether these hearings actually result in actionable recommendations or merely serve as political theater. Nevertheless, when not abused, they remain an essential tool for legislative bodies to fulfill their mandates to create effective laws and maintain checks and balances within government.

The jurisdictions of committees are clearly set out in the rules adopted in plenary. These jurisdictions are carried through all Congresses and they should clearly define the boundaries of the committee system, making referrals in plenary clear. Several referrals in the 8th Congress were rejected to avoid jurisdictional problems. Joint referrals are made, and so are successive referrals, particularly in matters where the budget of a piece of legislation is being made. As for committees, there are standing committees and special committees. A standing committee is a permanent committee established under the rules of the House or Senate. They focus on specific areas of expertise and the main characteristics of standing committees are permanence, specialization, and legislative authority. Special committees, or select committees, are usually established for a specific purpose or to address specific issues that may not fall within the jurisdiction of standing committees. Their characteristics include temporary nature, focused mandate, and varied authority.

The Rules are the sum of Roberts Rules of Procedure, our only Filipino author, Cesar Pareja, and rules adopted since the 8th Congress. The late Senator Miriam Defensor Santiago always warned new members of the Senate to study the Rules before rising to deliver an inaugural address or debate a colleague on the floor. It was one of the rites of passage in the Senate. In the House, seniority was the pecking order. Rarely would a freshman representative go to the podium and engage senior members in an extended debate. During the 8th Congress, party-list members were second-class citizens. Today, party-list members are everywhere and sometimes become microphone hogs. Today, some party-list members head committees. They have more powers and have been given much latitude in the 19th Congress.

The jury is still out on whether that is a good or bad thing as the audience quivers and squirms at every motion and disbelieving decision of the chairmen, especially in an animal like the Quad Committee, a super committee set up to list the sins of the previous dispensation on POGO, EJK and the war on drugs. It is clear that the Quad Committee was set up to indict the 16th President of this country, Rodrigo Roa Duterte. Instead of actually prosecuting cases, it is in its sixth hearing, trampling on the rights of witnesses, experts and guests, and considering language, actions and the invocation of one’s rights as contemptuous. The insinuations are incredulous as most of the conclusions are speculative and, at best, circumstantial.

As we approach a month-end congressional recess, Congress is once again abuzz with rumors of a leadership change in the Senate to bring an impeachment charge against the sitting Vice President to the House. The rumors of the leadership change have something to do with the FY2025 budget, the Senate’s decision to restore potential cuts to the VP budget, and a quick Senate recess on an impeachment charge against the Vice President.

There is much reform needed in Congress, mainly in the opening of the budget, the holding of a public presentation and debate on it, and the liquidation of the funds. Omertà, the mafia’s code of honor, is embraced by the institution elected by voters to defend their interests. And the rules are adapted to their purposes. Truly, “he who has the gold, rules” is the only rule honored in Romualdez’s chamber.