THE principle of representative democracy asserts that our elected representatives are instruments to pursue our interests and are accountable to us. We pay for their salaries and upkeep. We can dispose of them and vote them out of office. They are not our overlords. We do not serve them. They serve us.
Yet, this is not the image that is painted by the actions of many of our senators and representatives during congressional hearings, specifically in the manner they treat their invited resource persons. They are often confrontational and abusive toward the latter, as if these invited persons are accused criminals. They threaten them with citations for contempt and detention, as many have already been cited and detained. They issue subpoenas and arrest warrants as if they are endowed with police powers and are bestowed with quasi-judicial authority.
It is simply scandalous that presumption of innocence goes down the drain when senators and representatives subject their invited resource persons to adversarial questioning as if the latter are already guilty. It is frustrating that they ask questions yet wouldn’t give the resource persons time to answer because they keep on interrupting them. They badger and even attack the character of their so-called guests, and what is worse is that if the latter do not answer at all they cite them for contempt. They acquire the semblance of an inquisitorial body that is even more powerful than the courts simply because their guests cannot invoke their right against self-incrimination and are not allowed to get legal advice during the course of their appearances. These congressional hearings become theaters where rights of citizens are openly assaulted, where careers are maligned prematurely without protective mechanisms. One can’t even object to the line of questioning by its members.
And when senators and representatives, who are not bestowed with perfect information, wrongly accuse a resource person of lying or prevaricating but turns out that they are in fact mistaken, these so-called servants of the people who are paid by our hard-earned taxes do not even have the courtesy to apologize and make amends with the people they have badgered, assaulted and diminished.
Yet, members of Congress enjoy their cloak of immunity and can freely libel and attack just about anyone during their sessions as they purportedly perform their duties. They can deliver privilege speeches attacking persons, and they can impugn the character of anyone, and those they accuse do not have any legal recourse except to file complaints with the ethics committee of each chamber.
But one would be foolish to even entertain and harbor this wishful thinking that the Senate and the House of Representatives would ever discipline their own for maligning a private citizen or even a fellow government official. Senate President Tito Sotto dismissed any suggestion that Sen. Bong Go was guilty of unparliamentary conduct when he delivered a privilege speech during which he insulted the physical appearance of a fellow member of Congress, Rep. Edcel Lagman. Yet, when Raoul Manuel, an invited resource person in one Senate hearing, openly took Sen. Bato dela Rosa to task for his problematic statements, Senators Pia Cayetano and Sherwin Gatchalian scolded Manuel and reminded him to show respect.
No, Congress will never punish its own members on matters that involve their exercise of what they think is their right to freely malign in aid of legislation. Former senator Trillanes was never punished by the ethics committee for his many alleged abuses of his parliamentary privilege. They will protect this right, and they will not start opening a Pandora’s box that will spill over and haunt all of them as they also malign, badger and attack citizens that they invite. In fact, being invited as a resource person in a congressional hearing can now be likened to an invitation to a lynching or an inquisition. It is almost like being a Stark invited to a Red Wedding. Gen. Angelo Reyes took his own life in front of the grave of his mother after being humiliated at a Senate hearing.
Senators Cayetano and Gatchalian chastised citizen Manuel and told him to show respect to Senator Bato. But they, and their colleagues in Congress, should be reminded that respect is earned, and they must begin respecting the rights of citizens who appear in their committee hearings without the fear of being verbally assaulted and disrespected. It’s about time that hearings truly become venues to elicit facts from resource persons in congressional inquiries in pursuit of Congress’ oversight functions of ascertaining that laws are being properly implemented, and in aid of legislation. These can only be achieved if citizens can freely express themselves, which even include allowing them to criticize government, including Congress itself.
Hearings are supposed to be venues where Congress engages the public and other branches of government. As such, senators and representatives should focus on asking questions and not on delivering privilege speeches. They must learn the skill of active listening, and refrain from outtalking and interrupting their resource persons. After all, they will have their own time during their committee deliberations and at the plenary.
In addition, hearings must not be conducted in an inquisitorial manner. Resource persons should be accorded the respect and the presumption of regularity. Their character and records should not be offered up to the altars of congressional egos and ambitions, and should not be sacrificed in aid of grandstanding for reelection.
Resource persons are not the accused. They are not criminals on trial. Congressional hearings, except when it is in connection with impeachment proceedings, are not quasi-judicial proceedings. Failure of resource persons to answer a question satisfactorily should never be cited as contemptuous acts for which they can be detained, like what those employees of Ilocos Norte suffered in the House of Representatives. And if Congress insists on these quasi-judicial rituals, then it must also accord resource persons the right to have the advice of counsel.
https://www.manilatimes.net/2019/09/05/opinion/columnists/congressional-inquisitions/611305/
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