12/07/2010 [ tribune.net.ph ]
The “right to remain silent” of one of the key players in the multibillion-peso housing mess involving the Pag-IBIG Fund will not work as far as the Senate is concerned.
The Senate committee on banks, financial institutions and currencies yesterday issued a subpoena ad testificandum against Globe Asiatique Realty Holdings Corp. president Delfin Lee, ordering him to appear and testify before the panel on the resumption of its inquiry on Dec. 9.
Failure to comply will cite Lee in contempt, it was gathered yesterday.
“You are hereby commanded to appear and testify under oath in the public hearing of the Senate committee on banks joint with the committee on urban planning, housing and resettlement,” Sen. Sergio Osmeña III, banks committee chairman said in the signed order duly-approved by Senate President Juan Ponce Enrile.
Lee, through his counsel, the Fortun Narvasa and Salazar law firm, earlier sent a letter to Osmeña saying he would not attend the previous hearing, claiming that “because of the pendency of the criminal case for syndicated estafa recently filed by Pag-IBIG and the National Bureau of Investigation against him, he (Lee) has no option but to refrain from speaking further on the issue and simply answer the accusations against him before the Department of Justice.”
“He thus is invoking his right to remain silent as a result of the serious charges confronting him, now undergoing preliminary investigation,” the Nov. 12 letter also said.
In reply, Osmeña said while the committees would consider the issuance of a subpoena, the Senate inquiry could not be impeded by the criminal proceedings, citing Section 3, paragraph 4 of the Senate Rules, which states: “The filing or pendency or any prosecution of criminal or administrative action shall not stop or abate any inquiry to carry out a legislative purpose.”
“The Senate investigation is in aid of legislation. We would like to find out the loopholes in existing laws and come up with solutions on how to plug these. We are not engaged in the criminal prosecution of any of the parties involved,” he stressed.
Osmeña added Lee can only assert his right against self-incrimination while questions are asked during the committee hearing, as mandated in Section 19 of the Senate Rules that states “A witness can invoke his right against self-incrimination only when a question which tends to elicit an answer that will incriminate him is propounded on him... No person can refuse to testify or be placed under oath or affirmation or answer questions before an incriminatory question is asked. His invocation of such right does not by itself excuse him from his duty to give testimony.”
“Delfin Lee’s right against self-incrimination is not all-encompassing. It is not a privilege that he could whimsically invoke to stonewall the investigation. The Senate decides if the invocation of such right is proper or not,” Osmeña said.
According to officer-in-charge of the Pag-IBIG Fund, Emma Linda Faria, Globe Asiatique took out at least P6.6 billion in housing loan proceeds for buyers of its housing projects in Pampanga.
The units were not yet completed or were below standard, unoccupied or closed and that some of the buyers were also allegedly fake Pag-IBIG members or ineligible for membership, while others used spurious loan accounts.
Faria said there were about 10,000 valid buyers and that 1,000 borrowers could not be located; 400 others had already claimed their loans; and 200 borrowers lacked documentary requirements. Angie M. Rosales and Jerrylyn Barcelo
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