Pharmally’s Linconn Ong brings fight vs Senate’s contempt order to SC

Pharmally Pharmaceuticals Corp. Director Linconn Ong (Joseph Vidal/Senate PRIB)

MANILA, Philippines—Pharmally Pharmaceuticals Corporation Director Linconn Ong on Thursday has challenged before the Supreme Court the Senate’s resolution that cited him for contempt leading to his arrest for refusing to testify at the legislative inquiry regarding the multi-billion government contract with his company for the purchase of COVID-19 medical supplies.

In his 50-page petition, Ong, through Atty. Ferdinand Topacio urged the high court to nullify the Sept. 10, 2021 order by the Senate Blue Ribbon Committee that cited Ong in contempt and ordered his immediate release.

Ong said the contempt order against him has no constitutional basis and has violated his right to due process.

Initially, he revealed information related to former presidential economic adviser Michael Yang’s role in financing the firm to help its supply deals with the government.

READ: Pharmally exec Ong divulged ‘vital info’ on Yang’s role in supply deals

But upon the advice of his counsel, he refused to participate in executive sessions to disclose information about the government’s contract with Pharmally prompting the Senate to cite him in contempt and order his detention.

Ong said the contempt order is like a punishment for supposedly being evasive during the Senate inquiry.

“To allow Congress to punish persons for such crime is to allow not only a grave violation of the right to due process, but at the same time, an encroachment of the power and jurisdiction of the courts to hear, decide and punish criminal actions,” he said.

He added that “for a finding of guilt and the consequent imposition of a punishment for false testimony, the same being a crime defined law, it must be proved beyond reasonable doubt. The person charged thereof is entitled to all the rights of the accused in a criminal prosecution as provided by the Constitution, including the presumption of innocence and the right to notice and hearing, among others.”

“Congress, absolutely has no business in the determination of such guilt or innocence, much less in the imposition of punishment,” he added.

In fact, under Section 21, Article VI of the 1987 Constitution, where the power of Congress to conduct inquiries in aid of legislation emanates, Ong said “the rights of persons appearing in or affected by such inquiries shall be respected.”

“Thus, as provided therein, the investigation must be ‘in aid of legislation in accordance with its duly published rules of procedure’ and that ‘the rights of persons appearing in or affected by such inquiries shall be respected, including the right to due process and the right not to be compelled to testify against one’s self,’” the petition read.

He added that the assailed rules of the Blue Ribbon Committee, which became the basis for a contempt order against him and his subsequent arrest and detention, should be struck down for being vague.

“Here, ‘testifies falsely or evasively,’ the phrase that purports to describe a punishable act, is utterly vague as it does not fairly notify the witness of how it can be committed nor does it restrict in any manner the discretion of the Senate Committee to adjudge an act as falling within its ambit. This should not pass the constitutional muster,” Ong said.

Ong said the Senate Committee should instead file the appropriate case against him if he violated a law.

Ong is currently detained at the Senate building in Pasay and has refused to cooperate further with the ongoing probe by the Senate.

Named respondents in Ong’s petition were the Senate’s Blue Ribbon Committee and its Chairman, Sen. Richard J. Gordon; Senate President Vicente C. Sotto III; and retired MGen. Rene C. Samonte, Senate sergeant-at-arms.

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