Leyte Rep. Vicente Veloso (File photo by RICHARD A. REYES / Philippine Daily Inquirer)
The Court of Appeals (CA) cannot compel the House of Representatives to release the six Ilocos Norte provincial government officials under detention for contempt, according to Leyte Rep. Vicente “Ching” Veloso, a former appellate justice
In an interview with dzBB, Veloso said that, under the 1987 Constitution, the Supreme Court is the co-equal branch of government of Congress not the Court of Appeals.
“Now, the three branches of government are supposed to coordinate with each other in running the government,” he said. “But meron tayong checks and balances. Now ang tanong, co-equal ba ang Court of Appeals sa House of Representatives? Hindi eh. Kasi ang co-equal sa Speaker in particular, is the Supreme Court. Ang Court of Appeals is one notch below the Supreme Court.”
Veloso said the co-equal of the speaker of the House is the Supreme Court chief justice, the president, and the Senate president.
“Pag sinabing checks and balances, kailangan co-equal,” he added. “Ang co-equal dito ay ang presidente, in behalf of the executive, ang chief justice ang nagre-represent ng judiciary or ang Supreme Court on the part of the judiciary, and then Congress ay ang Speaker, ang Senate President in behalf of the legislative department.”
He said the position of Speaker Pantaleon Alvarez and Majority Leader Rodolfo Fariñas to defy the CA was correct, because jurisprudence states that the Court of Appels should not meddle into legislative affairs of Congress.
“Itong legislative process na tinatalakay ngayon ay… nagkakaroon o nagka-conduct ang House of Representatives ng inquiry in aid of legislation. Talagang hindi pwedeng pakialaman yan ng husgado,” Veloso said.
He said he was dismayed at his former colleagues for granting the detained officials’ petition for a writ of habeas corpus. What they should have issued, he said, was a show-cause citation to compel the House leaders to explain why the court should not issue a writ of habeas corpus.
“I was confronted with a similar situation before when I was with the Court of Appeals,” Veloso said. “In that case, hindi ako nag issue kaagad ng writ of habeas corpus. Nagbigay lang ako ng show-cause citation. What is show-cause citation? Ang show cause citation ay sinasabi mo doon sa custodian ng bata o ng tao na ipaliwanag mo sa husgado kung bakit hindi kami pwede mag issue ng writ of habeas corpus.”
“Dito dapat, kung halimbawa, akala ng Court of Appeals may merito ng kaunti ang petition for writ of habeas corpus, binigyan na lang sana sila ng show cause citation,” he added. “Pero hindi. Nagbigay kaagad ng writ of habeas corpus. And worst is, nagbigay pa ng order directing the release of the six Ilocos Norte officials, provincial officials on the condition na mag post sila ng bail. Eh maling mali yon eh.”
On Sunday, Surigao del Sur Rep. Johnny Pimentel said the Committee on Good Government and Public Accountability, which he chairs, would be ready to issue an arrest warrant against Ilocos Norte Gov. Imee Marcos if she would continue to snub the third hearing scheduled on Tuesday.
READ: House committee may ‘do a Dayan’ on Imee if she snubs probe—solon | House committee summons Imee Marcos for failure to attend hearings
Pimentel said Marcos might suffer the same fate as Ronnie Dayan, the former driver and lover of Sen. Leila De Lima, who fled from the arrest warrant the House committee issued against him.
Dayan was arrested and detained at the House so he could testify against De Lima. He was accused of serving as De Lima’s bagman in the alleged drug trade at the New Bilibid Prison. De Lima and Dayan are now under detention on illegal drug trading charges.
READ: Dayan brought to House of Representatives for custody
“We do not want to embarrass the governor. However, if she forces our hand, of course we are ready to do a Ronnie Dayan on her, in accordance with House rules,” Pimentel said.
The provincial officials are Genedine D. Jambaro, Encarnacion A. Gaor, Josephine P. Calajate, Eden C. Battulayan, Evangeline C. Tabulog, and Pedro S. Agcaoili Jr. They have been detained at the Batasan Complex since May 29 after being cited for contempt for failing to answer responsively to Fariñas questions.
READ: Bongbong visits 6 Ilocos Norte officials detained for contempt
Earlier, the CA ordered the House to explain why it should not be cited for contempt for refusing to comply with the court’s order to release the detained officials after they were granted a writ of habeas corpus.
The officials have been detained since May 29, especially after the House sergeant-at-arms refused for the third time to receive the CA’s release order of the provincial government officials.