House panel may invite Bautista’s wife during impeachment hearings

The House Committee on Justice may invite Commission on Elections (Comelec) chairman Andres Bautista's estranged wife Patricia during its hearings on the impeachment complaint filed against him, the panel's chairman said on Monday.

"Only to the extent that yung testimoniya na will matter in terms of the four grounds. Kasi gray area pa 'yan," panel chairman Reynaldo Umali told radio dzBB in an interview.

Former Negros Oriental Representative Jacinto Paras and lawyer Ferdinand Topacio on Wednesday filed an impeachment complaint against Bautista before the House of Representatives.  

Kabayan party-list Representative Harry Roque, Cebu Representative Gwen Garcia and Cavite Representative Abraham Tolentino served as endorsers for the complaint.

The complainants accused Bautista, among others, for failing to properly disclose his Statement of Assets, Liabilities and Net Worth.

Patricia had alleged that Bautista has possessed "unexplained" wealth amounting to nearly P1 billion.

But Umali said they still have to deliberate whether Patricia will be allowed to testify, given the rule on spousal privilege.

Under this rule, one spouse cannot be compelled to testify against his or her spouse, unless the case is against another.

"Yung spousal privilege is available on criminal cases in general. But an impeachment case is either criminal, civil, administrative. It is a political issue that is involved here. The only thing that we consider here is the fitness of the official to continue serving his office," Umali said.

The lawmaker said it is the vote of the majority of the justice committee members will determine whether the spousal privilege is applicable to Bautista's impeachment case or not.

"So yung boto ko rito, I can't give my vote. Pero yung boto ng bawat miyembro dito ay based on his own interpretation and interjection of what these privileges are and what the rules and regulations are," he said.

Majority Leader Rodolfo Farinas last Thursday said he finds it difficult that the personal knowledge requirement of the complaint will only be based on Patricia's affidavit, which is attached in the document.

"Mahirap naman yun, hearsay na nga yun," he said.

Farinas said it is the complainants who should have a personal knowledge on the issues.

Umali, however, said Patricia's participation the impeachment case is not completely unexpected.

"Sa unang yugto hindi pa, pero kapag na-determine ang probable cause, kapag nakalusot 'yun sa sufficiency in substance at sumagot na si Chairman Bautista, pagbobotohan muli namin yan kung ano ang desisyon ng aming imbestigasyon," he said. — Erwin Colcol/RSJ, GMA News