When the Senate and House of Representatives conclude hearings, the words of witnesses – especially their revelations – do not vanish. They live on in the official records of Congress – kept and preserved.
From the storm of corruption allegations in the government’s COVID-19 contracts to the swirling controversies over billions lost in corrupt flood control works, Filipinos have seen witnesses – public officials and private individuals-drop explosive revelations.
There was one witness who confessed to changing the expiration dates of ‘substandard’ face shields sold to the government, and one who spoke of ‘kickbacks’ drawn from projects that were either substandard or completely nonexistent.
However, statements made in legislative hearings do not automatically result in criminal or administrative charges, as congressional investigations are conducted in aid of legislation – not to determine guilt or innocence.
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Based on Section 21, Article VI of the 1987 Constitution, the Senate or the House of Representatives, or any of their respective committees, may conduct inquiries in aid of legislation.
These inquiries are governed by the Rules of Procedure Governing Inquiries in Aid of Legislation, which grant committees the ‘power’ to summon witnesses, take testimonies, and issue subpoenas.
Anyone with knowledge or expertise relevant to the topic being investigated may be invited to testify-government officials, private individuals, experts, academics, and representatives from business sectors, interest groups, or NGOs.
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Even those allegedly involved in irregularities or misconduct, such as the misuse of government funds in flood control projects, may be called to appear before the committee to answer or make clarifications.
Witnesses’ words
As the rules provide, all witnesses, whether in public hearings or executive sessions, who make a statement as to matters of fact ‘shall give such testimony under oath or affirmation.’
These testimonies are ‘recorded verbatim.’
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They serve as basis for the committee report that lawmakers eventually prepare and submit to the plenary. This report includes findings, conclusions, and recommendations for possible legislation or administrative and/or criminal action.
Lawyer and Bicol Saro Rep. Terry Ridon explained to INQUIRER.net that congressional testimonies ‘can be used in other official proceedings, such as administrative and criminal proceedings involving the same personalities.’
For instance, the Senate recommended the filing of charges against individuals responsible for the controversial COVID-19 contracts with Pharmally Pharmaceutical Corp., as well as the overpriced laptops of the Department of Education.
Both the Senate and the House of Representatives have conducted investigations on irregularities in government flood control projects that led to the loss of billions in public funds.
However, the congressional inquiries have since been suspended.
The Independent Commission for Infrastructure (ICI), which was created by President Ferdinand Marcos Jr. to investigate irregularities, already recommended the filing of charges against these individuals, among others:
Sen. Joel Villanueva
Sen. Jinggoy Estrada
Former Ako Bicol Rep. Elizaldy Co
Former DPWH Usec. Roberto Bernardo
COA Commissioner Mario Lipana
Former Caloocan Rep. Mitch Cajayon-Uy
Former DPWH Secretary Manuel Bonoan
Former Bulacan 1st District engineer Henry Alcantara
Former Bulacan 1st District engineer Brice Hernandez
Former Bulacan 1st District engineer Jaypee Mendoza
Alcantara’s chief of staff Carlo Rivera
Villanueva’s staffer identified as a certain Alias ‘Peng’
Co’s staffer identified as a certain Alias ‘Paul’
Co’s staffer identified as a certain Alias ‘Mark’
Mina Jose from WJ Construction
As pointed out by lawyer Jesus Falcis, testimonies given in congressional hearings are admissible in prosecutions, especially when the investigating committee itself wrote a report recommending the filing of charges before the Office of the Ombudsman.
Court’s work
Witnesses’ testimonies had been used in the proceedings of the Ombudsman and the Sandiganbayan, ‘and it is now being used by the ICI in preparing more complaints in relation to the flood control irregularities, said Ridon.
But he explained that it will be the Rules on Evidence that will determine the ‘probative value’ of every testimony, such as whether it contained admissions, or whether the testimony was made by an expert, among others.
As stressed by lawyer Dino de Leon, witnesses’ testimonies can really be used as evidence in the proceedings that will follow, but the ones who gave the testimonies will have to be subpoenaed by the appropriate court.
This, ‘so that the accused will have the right to cross examine said witnesses as part of the accused’s right to due process and to confront their accusers,’ he told INQUIRER.net.
Based on the 1987 Constitution, inquiries conducted by the Senate or the House of Representatives allow lawmakers to gather facts and insights from sworn witnesses, which are later transcribed, archived, and used as the basis for committee reports that may shape future legislation or trigger referrals to investigative agencies.