Any investigator seasoned or otherwise will tell us that failure on the part of the one under investigation to submit his response or statement with regards allegations against him will definitely militate against him and cause disadvantage for his cause for fair assessment of the case. Worst, it eventually will tilt whatever merits there is during the trial against and even unfavourable to his innocence. It is not a matter where the absence of the person under investigation a concern for the issuance of contempt or any other related penalty. The fair assessment on the truth suffers.
It cannot be advanced later that he was not given the proper venue to express his side that becomes central in his defence anymore. Investigation would admit of any allegation which has not been challenged or answered. And this is fatal to the cause of the one charged.
The Senate Blue Ribbon committee is, or it is supposed to be, composed of legal minds is now concentrated on issues pertaining expenditures in Makati city during the administration of its former Mayor, now VP Binay. And the same issues are now plaguing the present Makati Mayor, the son of VP Binay. The issue has now been refocused from evaluating a case to issuance of arrest warrant and contempt.
During the early stages of the senate investigation procedure when the concerned appeared to be heard, allegations flew thick and accusations rang from all corners drowning the explanation of the parties alluded to, in that case, the present Makati City Mayor Junjun Binay. Much to the displeasure of the party accused during said senate inquiry, there was response heard and noted. Investigators worth their salt would admit that the accused during the inquiry expressed their side and submitted their explanation. In any administrative proceeding in quasi judicial bodies and even in the courts of law, the inquiry has fulfilled its purpose.
The Senate committee on the basis of what it has accumulated and gathered may submit its findings for purposes of determining a law or a legislative piece to be formulated or if in their estimation, there was basis for filing of an administrative or criminal case, their insights and assessment including pieces of evidences may be submitted to the courts or administrative bodies for proper disposition. This should end the proceedings and subsequently introduce another issue of national importance to be tackled.
What appears in the Binay senate investigation foray however is developing into a new investigative formulation. This is not to defend the Binays whose later actions are seen as being trampled upon unnecessarily.
The point is for a case or cases should be passed on for its final evaluation and not to be re-circulated in a circuitous fashion until public interest wane and projections have been made in terms of publicity. If this is an exposure stunt by any party, it surely reveals ignorance on what we refer to as a basic practice in inquisition called Investigation 101.