The House of Representatives has again defied the Court of Appeals order for the immediate release of the six employees of the Provincial Government of Ilocos Norte who were earlier detained by a committee inquiring into the local government’s purchase of motor vehicles amounting to P66.45 million, which was sourced from its share of tobacco excise taxes.
Former Solicitor General Estelito Mendoza said that the House leadership, the committee on Good Government and Accountability and the House of Sergeant-At-Arms rejected the third bid of the CA sheriff to serve the order for the immediate release of the so-called “Ilocos Six” employees.
The House leaders defied the third bid of the appellate court’s process server to implement the release order for the “Ilocos Six” following earlier refusals to comply with it on June 9 and 10.
In refusing to implement the release order for the third time, House officials insisted that the CA’s order is invalid.
Ilocos Norte 1st District Rep. Rodolfo C. Fariñas admitted in a media interview in Ilocos Norte that the writ of habeas corpus could not do anything, citing the position of the Solicitor General.
He said that it was House Speaker Pantaleon Alvarez who instructed the House Sergeant-at-Arms Lt. Gen. Roland M. Detabali (ret.) to disregard the CA’s order.
As a result, the CA’s Special Fourth Division has started its contempt of court proceedings against Speaker Pantaleon and the House SAA, serving them show cause orders to explain why they refused to present the six detained employees before the appellate court.
Ilocos Norte Sangguniang Panlalawigan Member and lawyer Vicentito Lazo urged the House leaders to adhere to the “rule of law.”
Lazo, also serves as counsel for the Ilocos 6, said that in the existing International law, or the Universal Declaration of Human Rights to which the Philippines adheres, had ruled that “Philippine authorities are under obligation to make available to every person detained all remedies that will safeguard his fundamental right to liberty, these remedies includes the right to bail.”
“So it’s not true that the writ of habeas corpus is meaningless. We adhere to the rules of law, thus the six detained employees believe that they have the right to avail for anything that will secure their right to liberty, hence availing the right to bail,” he said.
“Ang problema, sabi ni Cong. Fariñas wala daw magagawa ‘yung habeas corpus. Walang nangyayari kasi nga they are defying the court order,” he added, citing that the CA has granted them the order for the House to “immediately” release the ‘Ilocos Six;’
Earlier, Mendoza argued that the CA has the jurisdiction over the case of the Ilocos Six because it is “a matter of habeas corpus case.”
The Supreme Court, the Court of Appeals, and the Regional Trial Court can serve it because they have “concurrent” jurisdiction when it comes to habeas corpus cases, he said.
Mendoza explained that even if the House files for an motion for reconsideration, it will not suspend the effectivity of the release order, saying “it is merely interlocutory and an incident to the main petition of habeas corpus.”
Lazo also cited instances of “mental torture” that the “Ilocos Six” underwent during the Congressional hearing into PGIN’s purchase of motor vehicles worth a total of P66.45 million and sourced from Ilocos Norte’s tobacco excise taxes under Republic Act 7171.
“Mula sa umpisa sa imbestigasyon ng kaso hanggang ngayon, torture na ‘yang ginagawa nila sa anim na dinetain,” [Even from the start of the case until now, their detention amounts to torture.] he said.
The six employees were detained after they were cited in contempt by Fariñas for being “evasive” and “refusing to answer questions.”
Lazo however pointed out that they “did not say ‘I refuse to answer, Your Honor.’ What they said was, ‘Those are photocopies. If we could find the originals, we could answer your questions and verify.’”