The Senate’s rival flood control investigations hurtled toward a showdown on Monday, 8 June, as the so-called 18 ex-Marines withheld a commitment to appear before the Blue Ribbon Committee hearing to be chaired by Senator Erwin Tulfo, one of the officials they have accused of receiving kickbacks.

Their attendance hangs in the balance after former congressman Michael Defensor said the former military men recognize Sen. Alan Peter Cayetano, not Acting Senate President Win Gatchalian, as the legitimate leader of the Senate.

The group appeared on Thursday before what the Gatchalian bloc dismissed as a “bogus” Blue Ribbon subcommittee hearing presided over by Sen. Rodante Marcoleta, where they accused President Ferdinand Marcos Jr., former House Speaker Martin Romualdez, and other administration allies of allegedly taking flood control kickbacks.

The ex-Marines also claimed to have delivered suitcases of money to Tulfo and providing him with women at least twice in separate hotel meetings.

Asked if the group would attend Monday’s hearing, Defensor said they would seek the guidance of Cayetano, who is not expected to undermine his own claim to the Senate presidency by advising the former military men to appear at the Tulfo hearing.

All about Sara

The uncertainty highlights the deepening power struggle within the Senate, where rival factions are conducting separate proceedings while disputing which actions carry official legal authority. The leadership row has reached the Supreme Court (see related story).

The conflict stemmed from a leadership upheaval on 3 June that saw Gatchalian’s bloc declare itself the Senate’s legitimate leadership and install Tulfo as chairman of the Blue Ribbon Committee.

Last month, Cayetano wrested the Senate leadership from Sen. Vicente Sotto on a 13-9-2 vote.

The dispute between Cayetano and Gatchalian has also spilled into the preparations for the impeachment trial of Vice President Sara Duterte. Gatchalian has insisted he would preside over the trial.

In a radio interview, House Lead Prosecutor Gerville Luistro said the House prosecution panel recognizes Gatchalian as the Senate new leader and would acknowledge only notices issued by his office.

House position

“In case there are two notices for trial, we will be appearing before the leadership of acting SP Win Gatchalian,” Luistro said.

“With all due respect to the former leadership, the House of Representatives already recognized the new leadership,” she added.

Luistro said the position reflects not merely the view of the 11-member prosecution panel but that of the House of Representatives itself.

Duterte’s impeachment trial is scheduled to begin on 6 July, with Gatchalian asserting authority to preside over the proceedings as acting Senate president.

Gatchalian was adamant that Monday’s scheduled hearing is the official flood control investigation, dismissing last Thursday’s hearing headed by Marcoleta as legally meaningless.

Co’s men

“What happened yesterday was not a hearing but a gathering,” Gatchalian said in Filipino in a radio interview. “Whatever they said there was not official. If they want to repeat it, they can repeat it on Monday to make it official.”

The ex-Marines claimed they served as security personnel and couriers for former House appropriations panel chairman and now fugitive former lawmaker Elizaldy Co.

In a joint affidavit executed earlier this year and reiterated on Thursday, they alleged that suitcases containing cash from flood control projects were delivered to the residences of senior government officials, including President Marcos, Romualdez, Ilocos Norte Rep. Sandro Marcos, Sen. Vicente “Tito” Sotto III and Tulfo.

They affirmed what Co revealed in a series of videos posted online from abroad, where the latter said he was being made the fall guy by Marcos and Romualdez.

All those who purportedly received kickbacks have denied the allegations.

Tulfo on Friday branded the accusations as baseless and warned that the witnesses would face legal consequences.

“We will definitely file a libel case,” he said in Filipino. “They should answer for that because it has become so easy these days to simply point fingers.”

The dispute has transformed Monday’s scheduled hearing into a test not only of the witnesses’ credibility but also of which Senate faction commands legitimacy.

No bribe offered

Defensor, meanwhile, denied allegations that he offered P5 million each to the former Marines in exchange for their testimony.

“There is no basis for it; it’s just a story,” he said, referring to the allegations now being investigated by the National Bureau of Investigation.

The NBI has subpoenaed Defensor to appear on 10 June after receiving information from a relative of one of the witnesses alleging that the group had been bribed.

Defensor also rejected claims that he is the group’s handler, saying that lawyer Levi Baligod represents the group.