Will Binay ethics complaint vs Cayetano prosper? Tolentino explains procedure

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Will Binay ethics complaint vs Cayetano prosper? Tolentino explains procedure

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Updated Jul 09, 2024 04:13 PM PHT

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Senators Alan Peter Cayetano and Nancy Binay argue during the Senate hearing in Pasay City on July 3, 2024 on the review of the new Senate Building Project in Taguig City. Mark Demayo, ABS-CBN NewsSenators Alan Peter Cayetano and Nancy Binay argue during the Senate hearing in Pasay City on July 3, 2024 on the review of the new Senate Building Project in Taguig City. Mark Demayo, ABS-CBN News

MANILA (UPDATED) — Will the feud between Sen. Nancy Binay and Sen. Alan Peter Cayetano expand into a full-blown affair for the entire Senate?

According to Senate Ethics and Privileges panel chair Francis Tolentino, Binay's ethics complaint against Cayetano would have to be go through a series of assessments before the panel can act on its merit and launch an investigation.

"Susundin natin ang (We will follow the) procedure. As per ethics committee rules, we will conduct preliminary determination [to know] whether the complaint is sufficient in form and substance to warrant an investigation," Tolentino explained.

Sufficiency in form and substance looks into whether a complaint follows the correct format and procedure and contains an allegation or raises an issue that the panel can act on.

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Sen. Nancy Binay files her ethics complaint against Sen. Alan Peter Cayetano before the office of Ethics Committee Chair Majority Leader Francis Tolentino. Victoria Tulad, ABS-CBN News

On Monday, Binay slapped Cayetano with an ethics complaint following their word war on the supposed ballooning cost of the new Senate building.

Binay helmed the project prior to the Senate leadership revamp and Cayetano immediately ordered a review when he took over as chair of the Senate Commitee on Accounts.

Binay believes the review was politically motivated due to their families' territorial feud in Makati and Taguig.

Tolentino admitted that an ethics complaint in the Senate is extraordinary as senators tend to settle their disputes behind closed doors.

"Konti lang po yan, hindi pangkaraniwan," he said.

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According to a Senate press release, only five members of Congress have been sanctioned due to an ethics complaint since 1924:

1) Senator Jose Alejandrino, 1924

2) Senate President Jose Avelino, 1949

3) Congressman Sergio Osmena, Jr., 1960

4) Senator Juan Ponce Enrile, 1988

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5) Senator Heherson Alvarez, 1996

Tolentino said the Senate Ethics panel would convene to discuss Binay's complaint when Congress resumes session on July 22.

The members of the panel are Senators Raffy Tulfo, Mark Villar, Risa Hontiveros, Bato dela Rosa, Jinggoy Estrada (ex officio), and Koko Pimentel (ex officio). Binay was listed as a member of the ethics committee but she has already left the panel, her office said.

According to the Senate Rules, the Senate may punish any member for disorderly behavior by suspending, not exceeding 60 calendar days, or expelling that member given that there is a concurrence of two thirds of the entire membership.

Meanwhile, Senate President Francis Escudero said he hoped the heated exchange between Binay and Cayetano would not happen again as he called on both to be calm.

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“Sana manaig ang pagiging kalma sa panig at parte ng dalawa naming kasamahan dito sa senado, dahil ulitin ko ang pakay at layunin nito ay simple laman naman, alamin at tiyakin na yung gastusin ay maayos, tama at maghanap ng paraan kung paano ito mapababa,” he said.

Escudero said it was unnecessary to talk to his two colleagues, both veterans who already know what is right.  

He said that in organizing a hearing of the ethics committee, Tolentino should first try to reconcile Binay and Cayetano before a decision is made.

“Tama yung sinabi ni Senator Chiz. Pwede kong pagharapin yung dalawa pero hayaan muna natin mabuo yung committee," Tolentino said. 

He added that he wanted "that conciliatory process perhaps done before the presence of all the committee members." 

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"I will not act alone. After that, kung walang nangyari, kung anuman, saka pa lang papasok yung aalamin namin on the basis of a preliminary inquiry, whether there is a substantial, credible evidence,” Tolentino said.


— With a report from Willard Cheng, ABS-CBN News 


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