TWO constitutional experts on Wednesday criticized the House of Representatives for disregarding the separation of powers between the branches of government and for denying the constitutional rights of resource persons appearing before any inquiry in Congress.
Ranhilio Aquino, former dean of the San Beda School of Law and now vice president for Administrative and Finance Services at the Cagayan State University, questioned the continued detention of the six employees of the Ilocos Norte provincial government by the House over their alleged refusal to answer questions during a congressional inquiry on the local government’s use of its share of tobacco excise taxes.
And former University of the Philippines College of Law Dean Pacifico Agabin chided the House leadership for disrespecting the Court of Appeals’ lawful orders that were earlier supported by the Integrated Bar of the Philippines.
Aquino and Agabin made their statements even as a House official said former senator Ferdinand Marcos Jr. could face possible charges for advising his sister, Ilocos Norte Gov. Imee Marcos, not to attend the congressional probe into the provincial government’s alleged misuse of the P66.45-million tobacco fund.
Surigao Rep. Johnny Pimentel, head of the House committee on good government and public accountability, said Marcos Jr. might suffer the same fate of Senator Leila de Lima who was charged before a Quezon City court for advising her former aide and lover to ignore summons from the House of Representatives during its probe into the drug trade at the New Bilibid Prison.
Pimentel’s panel issued a subpoena to Imee Marcos asking her presence in the fourth hearing it scheduled on July 25. But Imee Marcos repeatedly snubbed the panel’s invitations to testify on the case.
Aguino said the rights of the detainees, collectively known as the “Ilocos Six,” had to be protected.
“Inquiries in aid of legislation must always be in accordance with the rules of procedure and the Constitution. You must always anchor yourself on the Constitution,” Aquino said in an interview.
“The rights of persons appearing in congressional inquiries are protected under the Constitution.”
The Ilocos Six–Josephine Calajate, Encarnacion Gaor, Genedine Jambaro, Evangeline Tabulog, Pedro Agcaoili Jr. and Eden Battulayan–were detained on May 29 by Pimentel’s panel for allegedly evading the questions on Ilocos Norte’s allegedly illegal purchase of motor vehicles amounting to P66.45 million.
The Court of Appeals’ Special Fourth Division has already started its contempt-of-court proceedings against Alvarez and House Sgt.-At-Arms Lt. Gen. Roland Detabali for disregarding its writ of habeas corpus and its orders to release the employees.
Agabin, a law expert, defended the three CA justices who ordered the release of the provincial employees.
Agabin slammed the decision of the House committee to issue a show-cause order against Associate Justices Stephen Cruz, Edwin Sorongon and Nina Antonino-Valenzuela, which he described as a “breach of the separation of powers of coequal branches of government.”
“It was not proper for the House to issue that order. The congressmen are probably not aware of the expanded definition of ‘judicial power’ in the Constitution,” Agabin said.
He rejected the lawmakers’ argument that the appellate court abused its power in issuing the writ of habeas corpus and ordering the release of the Ilocos Six.
He said Congress must respect the authority of the Court of Appeals and abide by its orders.
Chief Justice Maria Lourdes Sereno and CA Presiding Justice Andres Reyes Jr. earlier issued a statement asking the House to reconsider its show-cause order and urging the lawmakers to instead avail themselves of legal remedies under the Rules of Court in questioning the orders of the appellate court.