“Whatever her reasons are to justify that hearing, the law is the law.
Essentially, this is the emphatic message of a lawyer and FB blogger to Senator Grace Poe, in light of her confession on national TV that her family has business relationships with ABS-CBN.
In a Facebook post titled “Conflict of Interest” Nick Nañgit of the FB page Nick Nañgit – NCN Law, the lawyer and blogger cited the specific section and article of the 1987 Cory Constitution to remind the lady senator how she f*cked up for admitting this verbally on national TV.
“Section 14, Article VI of the 1987 Constitution provides that a Senator shall NOT “directly or INDIRECTLY, be INTERESTED FINANCIALLY in any x x x FRANCHISE x x x GRANTED BY THE GOVERNMENT x x x DURING his[/HER] TERM OF OFFICE.”
Nañgit remarked that this Constitutional provision is very clear, and there is also a law that penalizes graft and corruption.
Aside from that, Poe can also be held liable for violating the Anti-Graft and Corrupt Practices Act.
“Section 3 (h) and (i) of Republic Act No. 3019, Anti Graft and Corrupt Practices Act, provides the following corrupt practices, among others, as unlawful:
“(h) Director or INDIRECTLY HAVING financing or PECUNIARY INTEREST IN ANY business, CONTRACT OR TRANSACTION IN connection with WHICH he [SHE] intervenes or TAKES PART IN his [HER] OFFICIAL CAPACITY, or IN WHICH he [SHE] IS PROHIBITED BY THE CONSTITUTION or by any law from having any interest.
“(i) Directly or INDIRECTLY becoming INTERESTED, FOR PERSONAL GAIN, or having a material interest in any transaction or ACT REQUIRING the APPROVAL of a board, panel or GROUP of which he [SHE] is a MEMBER, and which EXERCISES DISCRETION IN SUCH APPROVAL, EVEN IF he [SHE] votes against the same or DOES NOT PARTICIPATE IN THE ACTION of the board, COMMITTEE, panel or group.
“INTEREST FOR PERSONAL GAIN shall be PRESUMED AGAINST those PUBLIC OFFICERS RESPONSIBLE for the APPROVAL of MANIFESTLY UNLAWFUL, inequitable, or irregular transaction or ACTS by the board, panel or GROUP to which THEY BELONG.”
Nañgit mentioned about imprisonment in case of conviction. However, she cannot be arrested while Congress is in session. He mentioned of Senate imposing punishment to erring member. But, looking at the history of PH senate, I doubt it.
“This law imposes the penalty of imprisonment, after court trial and conviction, but a Senator cannot be arrested while Congress is in session. In the meantime, the Senate may, if it wishes, impose punishment for the unethical behavior of its erring members.“
ICYMI, Senator Grace Poe-Llamanzares admitted to Headstart host Karen Davila that indeed her family has business relationships with ABS-CBN.
Poe was asked by Davila to comment on criticism on social media and outside socmed she has no right to hold hearings given her business relationship with ABS-CBN.
No. First of all, I really decided not to inhibit myself to make a stand on the matter.
What can now be said of the hearing of the Senate Committee initiated by Senator Poe, given that her adoptive father’s records are allegedly with and that her adoptive mother works for the network the franchise of which is up for deliberation or renewal by Congress?
- I am the chairman on the committee of public services.
- It’s no secret the relationship of my family with ABS-CBN, the business relationship.
- I’m only one of 24 senators. Whatever I say, even I am for it or against it, if the majority will not side with my opinion, it will not prevail. And then you know, how do you determine if there is fairness in a proceeding, particularly with the chairman. The chairman of the hearing would allow everyone to speak. We were the ones, I, in particular, made sure that the FICAP (cable group) the ones who are against the renewal of ABS-CBN’s franchise were invited. The cable group led by a certain Tamano, let everyone to speak, including members of the labor group of ABS-CBN, I didn’t call them, Senator Angara I think did ask. You know we didn’t vet this people. You could say what you want to say.
So how is the chairman perceived as conducting the hearing? Did I not allow anyone to speak?
Source: Nick Nañgit – NCN Law