Legal loophole could stave off Singson expulsion

Despite his legal troubles, the political career of Ilocos Sur Rep. Ronald Singson is far from over.

A political analyst and an election lawyer said a legal loophole could stave off Singson's possible expulsion from the House of Representatives.

Prof. Prospero de Vera of the University of the Philippines-National College of Public Administration and Governance (UP-NCPAG) said that, strictly speaking, Singson has not violated any Philippine law.

De Vera said Singson's illegal drugs offense happened in Hong Kong, so any sentence there is not binding on the Philippines.

This is also why, at this point, Singson need not resign or be expelled because the congressman is not disqualified from public office. De Vera said disqualification requires conviction for an offense against Philippine law.

Singson's case is the first case of a congressman violating a law overseas. Previously, erring congressmen were subject to disciplinary sanctions because they violated Philippine laws.

De Vera noted that no congressman in history has been expelled by a vote. He said erring congressmen were made to resign or leave through backchannelling after a conviction by final judgment.

De Vera also noted that expulsion by itself is a decision by a congressman's peers and is not binding on future Congresses. At this point, de Vera said Singson's future is between him and his constituents.

For his part, election lawyer Howard Calleja similarly told ABS-CBN that laws on disqualification don’t apply to Singson because the offense was in Hong Kong.

"Section 12 of the Omnibus Election Code provides that one who has been sentenced for more than 18 months or for a crime involving moral turpitude, unless given plenary pardon or granted amnesty shall be disqualified to run and hold office. Disqualification stays until expiration of 5 years from service of sentence," he said.

However, Calleja also said that: “If you are strict with interpretation then he cannot run anymore but only after 5 years of service. On the other hand, civil interdiction is only an accessory penalty and since crime (is) in HK then it would not apply to him so he can run again.”

The House of Representatives Committee on Ethics and Privileges took cognizance of Singson’s plea bargain agreement in Hong Kong Wednesday. It adopted a motion by Deputy Speaker Raul Daza to start a moto propio investigation.

Minority Leader Edcel Lagman maintained that the commission of the offense in Hong Kong is not material to the matter of Singson’s stint in Congress.

“Whether offense is here or abroad is not material because the requirements of being of good standing does not choose particular territory Moreover, to my mind, drug offenses should be global offenses. That should cover instance both in the Philippines," he said.

Lagman, however, conceded getting the required two-thirds vote of the 283-man House remains uncertain.

“That’s another problem. Because you need extraordinary majority of House to expel or suspend a member, we will have to contend with extraordinary vote…whether we surmount is big question mark," he said.

Zambales Rep. Mitos Magsaysay said ethics proceedings will proceed even before the case in Hong Kong is terminated.

Lagman said the minority bloc will discuss their stand in their next weekly meeting on Monday. Singson is a member of the Lakas Kampi CMD but is with the majority in the Lower House.

source: abs-cbnnews.com/