THE camp of Makati Mayor Jejomar Erwin Binay Jr. on Wednesday asked the Senate Blue Ribbon Committee to reverse an earlier ruling of the panel’s subcommittee on its jurisdictional challenge that was filed on September 25.
Claro Certeza, who represents the young Binay, asked the committee through a motion to rule as a whole. He also asked committee chairman Teofisto Guingona 3rd to recall the subpoena he issued to Binay to compel him to attend the investigation on Makati City Hall Building 2 and to terminate the proceedings of the subcommittee.
In asking the committee to rule as a whole, Certeza described as “arbitrary, capricious and whimsical” the act of the sub-committee in proceeding with the hearings without proper resolution of the said challenge.
He cited section 3 of resolution No. 5 of the Senate rules of procedure on inquiries in aid of legislation, which states that in the event that a jurisdictional challenge is filed, the same must be resolved first before proceeding with any inquiry.
“It is imperative that the jurisdictional challenge of the movant be presented to all the members of the honorable committee for proper evaluation and ruling,” Certeza said.
Binay’s camp also banked on an earlier statement of Guingona who said they could still submit the motion even if the subcommittee already made a ruling, since “the mother committee has yet to receive and rule on the challenge filed (by Mayor Binay).”
“Anything can change. The mother committee can overrule a subcommittee (decision). That’s what a mother committee is for,” Guingona explained.
In his motion, Binay claimed that the blue ribbon subcommittee, committed “grave abuse of discretion amounting to lack or excess of jurisdiction” in issuing the subpoena against him.
Binay’s camp also said the ongoing investigation is not in aid of legislation and is in fact, violating the rights of the persons being summoned by the subcommittee to appear and testify at the hearings related to alleged overpricing of the Makati City Hall Building 2.
Blue ribbon subcommittee chairperson Aquilino Pimentel 3rd earlier junked the motion and proceeded with the hearing, insisting that his subcommittee has jurisdiction over the issue.
According to Pimentel, the challenge filed by Binay can only apply in a normal court and not in the Senate proceedings.