Ilocos Norte Gov. Imee Marcos arrives at the Court of Appeals in Manila on June 8, 2017, to attend the third hearing on the petition for habeas corpus in support of the so-called Ilocos Six, officials and employees of her provincial government who had been cited in contempt and ordered detained by the House Commitee on Good Government and Public Accountability. She is her lawyer, Estelito Mendoza. (Photo by RICHARD A. REYES / Philippine Daily Inquirer)
First published: 5:14 p.m., July 2, 2017
Ilocos Norte Gov. Imee Marcos said on Sunday she would be willing to cooperate with the House of Representatives in its inquiry into the alleged misuse by her province of funds coming from tobacco excise taxes.
This developed as Rep. Johnny Pimentel said that the House Committee on Good Government and Public Accountability, which he chairs, would exercise its power to hold in contempt Marcos, along with her brother, former Sen. Ferdinand Marcos Jr., if she would snub the July 25 hearing.
Pimentel said the same would hold true for the three justices of the Court of Appeals Special Fourth Division who ordered the release of the so-called Ilocos Six provincial officials, which had provoked a confrontation between the legislature and the judiciary.
On June 20, Pimentel’s committee approved the issuance of a show-cause order requiring the three justices – Stephen Cruz, Edwin Sorongon, and Nina Antonio-Valenzuela – to explain why they should not be cited for contempt.
But this was put on hold after the House filed before the CA a motion for the justice’s inhibition, Pimentel revealed on Sunday.
Marcos urges proper conduct
In a statement released through her lawyer, former Solicitor-General Estelito Mendoza, Governor Marcos said the House Committee on Good Government and Public Accountability should properly conduct its probe and protect the rights of the resource persons.
“I have expressed my willingness to cooperate… on the faith that the committee would conduct its current inquiry in accordance with the letter and spirit of Sec. 21, Art. VI of the Constitution—that the inquiry is in aid of legislation and that the rights of persons appearing therein are protected,” she said.
In a June 23 press conference, Governor Marcos said: “I want to explain myself in Congress.”
But she said her brother advised not to, saying: “Bongbong told me I could also be detained.”
The House committee formally issued a subpoena ad testificandum dated June 25. Pimentel said the governor “only has to appear” to avoid escalating the situation.
Marcos said she had sent two letters to the committee requesting a clarification over the invitation of the House for her to attend the probe as a resource person.
“Even as those letters did not merit any response from the committee, my commitment to cooperate on constitutional grounds has not changed,” she said.
“Ang sinasabi natin basta sumagot lang si Imee ng mga tanong, we will not detain her,” Pimentel said in that Sunday radio interview. “Basta sumipot lang siya. Pag hindi siya sumipot, ay ’yon, medyo malaking problema talaga ’yon.”
(“What we’re saying is: As long as Imee will answer the questions, we will not detain her. She only has to appear. If she doesn’t, well, that would be a big problem.”)
He said that while “no one is above the law,” it would be difficult to issue an arrest warrant.
“If we will issue a warrant of arrest, we will be arresting a governor, an incumbent governor – at Marcos pa ang apelyido (one whose surname is Marcos at that),” he said.
Pimentel also urged former Senator Marcos not to “interfere” anymore so as not to force the House’s hand.
“’Yung sinasabi mong wag kang mag-attend, eh that is already interfering,” he said. “So, pag-uusapan po namin sa hearing ‘yan. So, sana po ay huwag na niyang pilitin na huwag dumalo si Governor Imee kasi baka mapilitan kami; baka pati siya masali diyan sa gulo.”
(“What you’re saying, that she should not attend, that is already interfering. We will talk about that in the hearing. I just hope he would not insist anymore that Governor Imee skip the hearing because we might be forced to act. He might get mixed up in the issue.”)
He said President Rodrigo Duterte would not likely interfere if the House orders the arrest of the Marcos sibllings, because he did not do so when his leading campaign financier, Davao del Norte Rep. Antonio Floirendo Jr., went on the hot seat for alleged conflict of interest in his banana company’s lease of Davao Penal Colony land.
Arrest threats ‘extremely intimidating’
Governor Marcos also hit lawmakers who have been threatening to have her arrested if she would fail to attend the probe.
“The public threats directed to me on the certainty of my arrest and detention is extremely intimidating but unnecessary,” she said. “I am already extremely intimidated by the manner the Ilocos Six were made to suffer the physical strain and mental torture of prolonged detention.”
“Given the recent media statements of the leaders of the Committee, I cannot expect to be treated fairly or any better than the Ilocos Six,” she added. “In this light, I strongly reserve my right, together with the Ilocos Six, to resort to available legal remedies in defense of our constitutional rights. I have faith that ours is still a government of laws.”
The six Ilocos Norte employees who have been detained at the House almost a month now have asked the Court of Appeals to resolve their habeas corpus case immediately and declare their continued detention as illegal and a form of torture.
In a motion filed on June 23 before the CA’s Special Fourth Division, the petitioners said it would crucial for the protection of their constitutional rights for the case to be speedily resolved.
The petitioners are Josephine Calajate, Encarnacion Gaor, Genedine Jambaro, Evangeline Tabulog, Pedro Agcaoili Jr. and Eden Battulayan.
They were ordered detained on May 29 by the House Committee on Good Government and Accountability.
Inhibit or face detention
Pimentel added in his radio interview that the House could also order the arrest of CA Associate Justices Stephen Cruz, Edwin Sorongon and Nina Antonino-Valenzuela – “if worse comes to worst.”
On the other hand, he said the justices could just inhibit themselves from handling the habeas corpus petition of the Ilocos Six for allegedly having breached the separation of the co-equal branches of government.
“Pwede naming gawin yon. We have the support of the Speaker on this… pero kung mag-inhibit nga sila, then there is no need anymore, because we need persons who are not biased,” Pimentel said.
(“We can do that. We have the support of the Speaker on this… but if they inhibit, then there is no need anymore, becaue we need person who are not biased.”)
The Ilocos Six refers to the following employees: provincial planning and development officer and bids and awards committee chair Pedro Agcaoili, provincial budget officer Evangeline Tabulog, provincial treasurer Josephine Calajate, accountant Eden Battulayan, and treasury office staff members Genedine Jambaro and Encarnacion Gaor.
Ilocos Norte Rep. Imelda Marcos, the mother of the governor and widow of dictator Ferdinand Marcos, tried to appeal for the release of the Ilocos Six on humanitarian grounds. But the committee denied the request during the Tuesday afternoon hearing.
Ilocos Norte Rep. Fariñas initiated the probe on the alleged misuse of the funds to purchase government vehicles without public bidding. The levy proceeds were supposedly meant to benefit tobacco farmers in the province. /atm