Napoles in the Senate Hearing
Joaquin G. Bernas, S.J.
What came out of it? To
answer the question we must first consider what legislative investigations are
for.
There are two provisions in
the Constitution which provide for investigations. One deals with
legislative investigations in aid of legislation and the other deals with
legislative investigations in aid of the “oversight function” of
Congress. The Napoles Senate hearing was “in aid of legislation.” The requirement that an investigation be in
aid of legislation is one of the protections available to those who are called
to testify.
Sometimes a legislative
hearing might invite objections when it tends to be more in aid of prosecution
and no longer in aid of legislation. Senator Guingona was careful to avoid this
accusation. He did ask questions which
might be in aid of prosecution, but he was careful not to pursue them whenever
Napoles said that the question was already being handled by a criminal body.
That legislative hearings
be in aid of legislation is a requirement, however, which is not difficult to satisfy because,
unlike in the United States, where legislative power is shared by the United
States Congress and the state legislatures, the totality of legislative power
is possessed by the Congress and its legislative field is well-nigh
unlimited. "It would be difficult
to define any limits by which the subject matter of its inquiry can be bounded." Congress can legislate practically about
anything under the sun. Moreover, to
satisfy the requirement of “in aid of legislation” it is not necessary that
every question propounded to a witness must be material to a proposed
legislation. "In other words, the
materiality of the question must be determined by its direct relation to the
subject of the inquiry and not by its indirect relation to any proposed or
possible legislation. The reason is that
the necessity or lack of necessity for legislative action and the form and
character of the action itself are determined by the sum total of the
information to be gathered as a result of the investigation, and not by a
fraction of such information elicited from a single question."
On the basis of this
interpretation of what "in aid of legislation" means, it can readily
be seen that the phrase contributes very little towards protecting
witnesses. Practically any investigation
can be in aid of the broad legislative power of Congress. The limitation, therefore, cannot effectively
prevent what has been called "roving commissions" or what has ben
referred to as exposure for the sake of exposure.
So, if the Napoles hearing
was not in aid of prosecution, how helpful was it for legislation? Senator Guingona assessed it to be a
success. I am afraid, however, that it
really did not add anything significant to what we already know from the sworn
testimony of the whistle blowers. Nevertheless,
although the testimony of the witnesses have already been made public, the
solemnity of a legislative investigation
added something to the credibility of what the witnesses had already
affirmed. I would add, however, that calling the husband of Janet Napoles to
the hearing would not add anything more to what has already been testified to –
unless we expect the husband to contradict what the wife has affirmed.
Some, of course, had expected
that the hearing would be a public roasting of the public officials being
linked with the Napoles scam. But that
was not the tone of the questions posed by senators.
What legislation then can
come out of the hearing? We should not
judge the results of the hearing by their direct relation to any proposed
legislation. The general purpose of the
hearing was to find various ways for preventing anything like the Napoles
scam. But the form and character of the
action will be determined not by one legislative hearing but by the sum total
of the information to be gathered by the Senate and by the House in their
effort to respond to the big challenge posed by what has been revealed and to
the public clamor for effective action against corruption in government.
There is also another
challenge to Congress: how to protect the integrity of the legislative
body. Only Congress has power over its
members.
Finally, from the President
we expect more than just a vigorous defense of himself but especially firm
action to correct wrongdoings that have been made public.
11 November 2013