Nancy Binay files ethics complaint vs Alan Peter Cayetano

Senator Nancy Binay on Monday filed an ethics complaint against Senator Alan Peter Cayetano over his remarks against her during their heated exchange in last week’s inquiry on the new Senate building.

During the said hearing, Cayetano called Binay "marites," a popular term among Filipinos for rumor-mongerer; told her "Nabuang ka na, 'day," and accused her of disturbing the Senate hearing.

In her 15-page complaint, Binay asked the Senate ethics and privileges committee to hold Cayetano accountable for his "unparliamentary conduct" which she said are violations of Sections 93 and 94 of Rule XXXIV of the Rules of the Senate.

Section 93 states that acts and language which offend a senator or any public institution are considered unparliamentary while Section 94 prohibits senators' use of "offensive or improper language against another senator or against any public institution," respectively.

Apart from this, Binay asserted that Cayetano made false and slanderous imputations against her in violation of Article 358 of the Revised Penal Code, abused his rights as chairman of the committee on accounts in violation of Article 19 of the Civil Code, and failed to abide by the ethical standards for lawyers under the Code of Professional Responsibility and Accountability.

She likewise said in her complaint that Cayetano violated the Magna Carta of Women for telling her "Nabuang ka na, 'Day," and demonstrated improper and offensive conduct while presiding over the hearing which she said is conduct unbecoming of a public officer and conduct prejudicial to the best interest of service.

The complaint was received by the office of Senator Francis Tolentino, the chairman of the Senate ethics and privileges committee, and Cayetano's office.

GMA News Online has reached out to Cayetano's office for his reaction to Binay's ethics complaint and will update this story once available.

Ethics committee

The Senate Committee on Ethics and Privileges is mandated to discuss all matters relating to the conduct, rights, privileges, safety, dignity, integrity and reputation of the Senate and its members.

Section 97 of the Senate Rules states that, "Upon the recommendation of the Committee on Ethics and Privileges, the Senate may punish any member for disorderly behavior and, with the concurrence of two-thirds of the entire membership, suspend or expel a member. A penalty of suspension shall not exceed sixty calendar days."

At a press conference, Binay said she wants to "stick to the issue" on the New Senate Building (NSB) but she won't let Cayetano's remarks pass.

"At the end of the day, we want to be vindicated na meron talaga siyang maling ginawa [that he committed something wrong] during the hearing that does not reflect a senator or a lawyer," Binay said.

"Nabitawan na 'yung mga ganoong salita. Babalikan ko 'yung nangyari sa amin nu'ng 2015, parang that time, pinalipas ko na lang, pinalampas ko na lang. This time around parang 'di na ako papayag na gawin niya ulit 'yung paninira na ginawa niya," she added.

[Those words have been spoken. I will look back to what happened in 2015. At that time, I let it go. This time around, I won't let it pass.]

She was referring to the 2015 Senate investigation into the Makati City Hall Parking Building, a project of her father, former Vice President Jejomar Binay, when the latter was still the mayor of the city.

Cayetano played a vital role in the said investigation.

Further, Binay said this complaint is not about her being a senator, but also as a mother.

"I'm a mother, magulang ako. Kailangan kong protektahan 'din 'yung mga anak ko na ayoko na pag bumalik sila sa eskwelahan may magsasabi sa kanila na yung nanay mo pala sira ulo kasi tinawag ni Senator Cayetano na buang," a teary-eyed Binay said.

[I'm a mother, a parent. I have to protect my children ...I won't let them go to school and be told that their mother has gone crazy because Senator Cayetano called her so.]

"Alam ko 'yung pinagdaanan ng mga bata, nu'ng mga anak ko, ng mga pamangkin ko nu'ng panahon na yun...Ang hirap ma-explain kung 'di mo pa nararamdaman maging isang magulang... If you are a parent, mas masakit 'pag 'yung anak 'yung nasasaktan," she went on.

[I know what my children went through at that time, my nephews ... It's hard to explain when you are not a parent yourself. If you are a parent, it is doubly hard when you're children are hurt.]

Reacting to Binay's complaint, Cayetano urged the need to focus on the issue as he reiterated the question on whether P23 billion is an appropriate amount for the new Senate Building's construction.

"First time kong nakakita siya nag-file pero siya ang mukhang guilty," Cayetano quipped.

(This is the first time that I saw someone who filed a case but looks like the one who is guilty.)

He accused Binay again of spreading rumors and distracting the Senate accounts committee's inquiry on the NSB.

"What did Senator Binay do? She started going around nagma-marites, nagkakalat ng kung ano-anong tsismis at kasama sa official tsismis na kinakalat is that mali ang numbers namin... Eyes on the ball tayong lahat. Ang ginagawa ni Senator Nancy from the start, nililito tayong lahat e. Alam niya namang walang mangyayari dyan sa ethics case e," Cayetano said.

(*What did Senator Binay do? She started going around spreading rumors, including the claim that our figures are wrong. We should keep our eyes on the ball. Senator Nancy has been distracting us from the start. She knows that the ethics case will lead to nothing.) 

"Pwede ko rin siyang file-an dahil unethical din ang pinaggagawa niya. 'Di ka pwedeng 'di ka member bigla kang manggugulo don. Nagsasalita pa chairman gusto mo mauna ka. Pinagbigyan ka tapos mag wo-walkout ka in that manner," he went on.

(I can also file an ethics complaint against her because of the way she acted. She cannot just go to a hearing where she is not a member of the committee to create disorder. The chairman is still speaking yet she is butting in. She was given time but she walked out of the committee room.)

If Binay wants a calm discussion on the matter, Cayetano said she is welcome to attend the next hearing which is set on Wednesday.

Binay will be given 30 to 45 minutes to speak if she wants to as long as she is following the rules and order of the committee hearing, Cayetano added.

On reliving the 2015 investigation into the Makati City Hall Parking Building, Cayetano said that it was Binay who actually revived the issue.

"Sino ba nagbabalik nuon? Siya. Tapos pinapalabas niya pulitika 'yon. Hindi ba napatunayan naman 'yon? O siya magsasabi tapos pag lumabas sa TV 'yong pagbalik sa 2015, ako masisisi," he said.

(Who is the one who is reliving that issue? It's her. But she makes it appear that it was because of politics. Wasn't that proven? She was the one who keeps mentioning it, then she will blame me that the 2015 issue was aired again on TV.)

Cayetano launched the inquiry into the new Senate building after Senate President Francis "Chiz" Escudero ordered a review on the cost of its construction, noting that funding has already reached P23 billion.

Binay, who walked out from last week's hearing, has denied that the cost has reached P23 billion but only P21 billion.

Cayetano, for his part, insisted that the cost is P23 billion as this includes the P1.6 billion spent for land acquisition. —KBK/RSJ/RF, GMA Integrated News