Senate contempt power is limited, says legal expert

By: Tetch Torres-Tupas - 10 years ago

Lawyer Harry Roque RYAN LEAGOGO/INQUIRER.net FILE PHOTO

Those ordered arrested by the Senate for snubbing its inquiry on corruption allegations against Vice President Jejomar Binay can seek relief from courts, a legal expert said Wednesday.

University of the Philippines law professor Harry Roque Jr. said that while the power of the Senate to conduct inquiries that are plenary in nature has been upheld by the Supreme Court as early as July 1950 in the case of Arnault vs. Nazareno, such power has been limited by the high court in its 2008 ruling on the case Romulo Neri vs. Senate.

In the Arnault case, the high court ruled that Senate inquiries are plenary in nature and that witnesses may be cited in contempt of the Senate where they fail to appear before the investigation and when they are found to be lying before the body.

Roque, quoting the high court’s 1950 ruling said “the power of inquiry – with process to enforce it – is an essential and appropriate auxiliary to the legislative function.”

“But such power is not to broad anymore based on the Neri case,” Roque said over the phone.

In the Neri case, the high court stopped in February 2008 the Senate blue ribbon committee from enforcing its arrest order against petitioner, then chair of Commission on Higher Education Chairman Romulo Neri, who was facing probe in connection with the $329-million National Broadband Network telecommunication contract with Chinese firm ZTE Corp.

After a month or in March 2008, the high court voided the Senate arrest order. It held that the Senate had abused its authority by ordering Neri’s arrest for contempt despite the non-publication of its rules on procedures.

Following the high court’s ruling on the Neri and Bengzon cases, Roque said those individuals cited for contempt may seek court relief on the following grounds: 1. that such inquiry is not for legislative purpose and 2. that there was no publication of its rules of procedure.

“They can question before the court if the inquiry is indeed in aid of legislation. What law do they intend to pass,” Roque said.

In the latest Senate order, the blue ribbon commitee cited in contempt and ordered the arrest of 14 persona, including alleged Binay bagman Gerardo Limlingan and businessman Antonio Tiu.

Also ordered arrested were Tiu’s brother James and his wife Anne Lorraine Buencamino Tiu; Chong family members Kimsfer, Erlinda, Irish, Kim, Imee and Irene; Hirene Lopez, Aida Alcantara, Danilo Villas and Vissia Marie Aldon.

They were cited in contempt for not cooperating and attending the Senate’s probe on alleged anomalies in Makati City during the mayoralty terms of Binay.

Former Makati City vice mayor Ernesto Mercado has tagged Tiu, owner of Greenergy Holdings Inc., as one of the dummies of the Vice President.

Tiu claimed ownership of an estate in Rosario, Batangas that Mercado alleged was actually owned by the Binay family.

He was cited in contempt despite his earlier participation and attendance in the Senate hearings.

The Chongs name came up during the hearings of the Blue Ribbon sub-committee on the alleged anomalies in the supply of free cakes for senior citizens of Makati City.

It was alleged that Binay daughter Sen. Nancy Binay was involved in the supply of the cakes and that the Chongs were just being used as dummy-proprietors of cake supplier Cups and Mugs Kitchenette.

Also being accused as dummies of Binay for Omni Security Agency were Aida Alantara and Hirene Lopez, wife of University of Makati president and Pag-Ibig Fund trustee Tomas Lopez.

Aldon is the head of the human resource development office of the Makati City Hall while Villas is the head of the Department of Environmental Services of the city.