NO SUCH THING AS RULE OF COMITY IN BOLANTE CASE- CHIZ

Senator Chiz Escudero today said former DA Undersecretary Jocjoc Bolante may not invoke the rule of comity to prevent the Senate from reopening the fertilizer fund scam investigation.

Escudero, chairman of the Senate Committee on Ways and Means said there is no such thing as "rule of comity" as claimed by Senator Edgardo Angara, whether in investigations or legislations.

In fact, Escudero said the wisdom behind our system is the admission that no particular congress possesses all knowledge so much so that they can pass irrepealable laws and investigations that can't be reopened especially given supervening events like the availability of a witness that was not available before.

"If we can repeal and amend laws already passed by Congress, we can also very well reopen and reinvestigate an issue that has no closure".

Escudero maintained that no legislation holds perpetual infallibility, especially if the legislative bodies issued no proscription of its laws.

A legislative body, he said, cannot have the ability to bind the actions of future legislative body since both assemblies are regarded with equal footing, exercising as they do the same plenary power.

"What happened before in the 13th Congress does not bind the current senate. With Jocjoc as the alleged author of the said scam, he is the best evidence, under the rules of evidence that the present Senate can get".

Bolante's appearance in the Senate for the reopening of the investigation is in the national interest as well as of Joc-joc's, he said.

The senator said Bolante's appearance can either bring one or all of these changes once new hearings are conducted: 1) bring about new findings, 2) confirm or deny previous findings by the old committee and 3) afford him the opportunity to be heard under due process".

Maintaining that nothing can prevent Senate from reopening its investigation on the fertilizer fund scam, Escudero reiterated that the plenary power of congress is broad and comprehensive as long as it follows its rules and constitutions.