IBP to House: Respect CA’s authority on ‘Ilocos Six’ dispute

The 50,000-strong Integrated Bar of the Philippines (IBP) has called on the House of Representatives to “act as light bringers and advocates of sobriety” by respecting the authority of the Court of Appeals (CA) to act and rule on the petition for habeas corpus filed by the so-called “Ilocos Six” detained provincial officials after they were cited in contempt by Congress.

In a two-page statement made public Sunday, the IBP said Congress should recall its show cause order against three Court of Appeals justices who ordered the release of six Ilocos Norte provincial officials.

The IBP Board of Governors also said that the House committee on good government and public accountability should exercise sobriety to avoid the conflict between the judiciary and legislative from escalating.

READ: IBP Ilocos Norte backs CA in ‘Ilocos Six’ dispute

The lawyers group pointed out that Congress should uphold the Rule of Law and exhaust all applicable remedies provided by law and the Rules of Court.

“On its part, the Board of Governors strongly urges the House of Representatives to reconsider its position by recalling the show cause order issued against the justices of the Court of Appeals,” read the IBP statement signed by its national president, Atty. Rosario Setias – Reyes.

“Under the circumstances, despite the public perception, it does not appear that the Court of Appeals has infringed upon, interfered with or denied, the power or authority of the House of Representatives,” the IBP stressed.

The mandatory organization of lawyers in the Philippines echoed the appeal issued last week by Chief Justice Ma. Lourdes Sereno and CA Presiding Justice Andres Reyes Jr. for the House leadership to instead avail of remedies available under the Rules of Law in questioning the orders issued by the CA Special Fourth Division.

“If the House of Representatives is of the position that the grant of bail by the Court of Appeals was done in grave abuse of discretion, the remedy to question the order in a petition for certiorari under Rule 65 that may be filed with the Supreme Court,” the group suggested.

“If, in the future, the Court of Appeals should find that there was a violation of the constitutional right of the Ilocos 6 against self-incrimination, the remedy is to appeal such a judgment to the Supreme Court,” it said.

“It is on this note that the Board of Governors of the Integrated Bar of the Philippines calls upon the members of the bar in Congress to act as light bringers and advocates of sobriety to bring about an end to this looming controversy. Let the Rule of Law prevail through the exercise and application of the remedies provided under the law and the Rules of Court,” it added.

House Speaker Pantaleon Alvarez and other House leaders who issued the show cause order – Rep. Rudy Fariñas of Ilocos Norte and Rep. Reynaldo Umali of Negros Oriental – are lawyers and members of IBP.

The IBP said the House should respect the authority of the CA to act and rule on the petition for habeas corpus, the same way the contempt and detention power of the House must be respected also.

“A petition for habeas corpus was filed with the Court of Appeals questioning the propriety of their detention on the basis of the assertion that in refusing to answer questions of the committee, they invoked their constitutional right against self-incrimination. The petition was acted upon by the Court of Appeals. Again, such a petition is clearly within the jurisdiction of the Court of Appeals,” it stressed.

“While the authority of the House of Representatives to hold persons in contempt and order their detention is beyond question, the determination of whether or not the right of the Ilocos 6 against self-incrimination was properly invoked is, however, a justiciable issue that is well within the authority of the judiciary to determine,” the IBP said.

The lawyers’ group further explained that the release order issued by the CA was not yet final as there has been no determination yet on whether the House committee acted in excess of its power and authority.

“The order of release was premised upon the fact that the Ilocos 6 applied for, and were granted, bail for their provisional liberty. The right to bail is another constitutional right that the Court of Appeals has the authority to grant in habeas corpus proceedings unless the detained person is under a charge for an offense punishable by death,” it pointed out.

The IBP also opined that the Court of Appeals did not infringe upon, interfer with or encroach to, the power or authority of the House of Representatives, when it acted on the petition for writ of habeas corpus filed by the six Ilocos Norte officials.

Lastly, the IBP lamented how the conflict between the judiciary and the legislative came at a time when the country is faced with the serious challenge of terrorism in Mindanao.

“Our country is presently embroiled in the fight against terrorism which has prompted the President to declare martial law in Mindanao. We certainly do not need to compound our problems with a constitutional crisis between the two other branches of government,” it stressed.

“Particularly under the present situation, it behooves us all, as Filipinos, to foster unity and solidarity rather than foment discord for the greater good of our people,” the IBP said.

The CA has ordered the release of Pedro Agcaoili, Provincial Planning and Development Office chairperson; Josephine Calajate, provincial treasurer; Eden Battulayan, Provincial Treasurer’s Office staff; Encarnacion Gaor, Provincial Treasurer’s Office staff; Genedine Jambaro, Provincial Treasurer’s Office staff; and Evangeline Tabulog, provincial budget officer.

They have been detained since May 29 after being cited in contempt by the House committee on good government and public accountability during its inquiry into the local government’s purchase of motor vehicles amounting to P66.45 million, which was sourced from its share of tobacco excise taxes. JE/rga