Polibiz
By Nelson C. Robles

Independent Counsel Bill

 I am yielding this space to the press statement coming from the Office of Majority Leader Francis “Kiko” Pangilinan, Senate of the Philippines , due to its relevance.

 ON THE CREATION OF AN INDEPENDENT COUNSEL TO CONDUCT INVESTIGATION OF IMPEACHEABLE OFFICIALS, THE EXECUTIVE FAMILY AND MEMBERS OF CONGRESS

“Once again we find ourselves facing a national dilemma as to how to deal with allegations of impeachable offenses by no less than our President, in conspiracy with high-ranking officials. Just a few years ago, we had impeached the President who was replaced by the current Chief Executive. Now we are confronted with a situation threatening to repeat history if the appropriate acts are not taken. The people are losing faith in the existing constitutional and legal processes for making public officials accountable.

The constitutional option of impeachment has been criticized as highly political, and as such, dangerously biased in favor of those in power. It is time to revisit existing laws on accountability. The recurring sentiments of the Filipino people and endless chain of accusations of serious misdemeanors by past and present public officials call for a highly independent and impartial investigative mechanism with powers broad enough to facilitate the discovery of the truth.

In response to this call, we have filed an Independent Counsel Bill which provides for the appointment of an independent counsel to conduct investigations of impeachable officials, the Executive Family, and Members of Congress, This Bill can be described as an offshoot of Section 22 and 31 of the Ombudsman Act. Section 22 grants the Office of the Ombudsman the power to investigate any serious misconduct in office allegedly committed by officials removable by impeachment. While Section 31 allows the Office of the Ombudsman to deputize any fiscal, state prosecutor or lawyer in the government service to act as special investigator or prosecutor to assist in the investigation and prosecution of cases.

To avoid any blemish of partiality in the investigation, the independent counsel shall be appointed by the Supreme Court upon request of the Office of Ombudsman, both of which are independent constitutional creations. To ensure an expeditious investigation, the independent counsel is required to complete the investigation within sixty (60) days from his appointment, after which his office becomes functus officio . To facilitate a comprehensive and meaningful investigation, the independent counsel is given full powers and independent authority to exercise all investigative functions and powers of the Department of Justice and the Office of the Ombudsman.

Representative Lorenzo Tañada III has agreed to file a similar measure in the House of Representatives. I urge Malacañang to certify the bill as urgent so that the same can be enacted immediately and should the bill become law, we will ask that Chief Justice Davide to consider retiring a few months earlier than November 2005, so as to be nominated as the first Independent Counsel to undertake an impartial investigation on the audio wiretapping controversy.

Public office is a public trust and integrity in public service must be present at all times. Through this Bill, we seek to uphold this Constitutional principle and renew the Filipino people's confidence in their public officials. We hope to resound the message that their Government indeed exists for them and is ready to account for its actions.”