Michael Yang asks SC to void arrest orders, stop Senate blue ribbon probe on his properties

Davao City-based businessman Michael Yang on Thursday filed a petition asking the Supreme Court (SC) to void the arrest orders against him as well as to prohibit the Senate blue ribbon committee from looking into his properties and taxes.

In a 46-page petition, Yang urged the SC to declare as null and void the arrest orders dated September 7 and 10 and the lookout bulletin issued by the Bureau of Immigration against him.

Yang also asked the high court to stop the Senate committee from further requesting him to submit documents and information on his properties, such as cars, real estate, and corporations, as well as all tax records and donations.

Yang's counsel, Raymond Fortun, accused the Senate blue ribbon committee of going over its jurisdiction as it is already seeking information that is no longer connected with the investigation of the P42-billion COVID-19 funds transferred to the Procurement Service of the Department of Budget and Management.

"Ang mga tanong na po nila ay tungkol doon sa, unang-una, sa mga tax liabilities ng mga korporasyon. Eh trabaho po ng BIR (Bureau of Internal Revenue) yun. Yun pong whether or not na merong hindi pag... sa kanyang alien certificate of registration, trabaho po ng Bureau of Immigration yun," Fortun said in an interview with Super Radyo dzBB.

(They were questioning him on the tax liabilities of his corporation. That's the BIR's job. The questions on his alien certificate of registration, that's the job of the Bureau of Immigration.)

In his petition, Yang, President Rodrigo Duterte's former economic adviser, accused the Senate blue ribbon committee of acting with “grave abuse amounting to a lack or excess of jurisdiction” and of having violated the rights of the resource persons.

According to Fortun, the Senate is conducting a “fishing expedition” on the chance that they may discover a “wrongdoing,” shaming Yang in the process.

“Pero yung kanilang ginagawa ngayon ay yung tinatawag na fishing expedition. Nanghuhuli na lamang, naghahanap na lang ng bagay na posible, posible na baka mayroong ginagawa si Mr. Michael Yang,” he said.

(What they are doing is a fishing expedition. They’re trying to fish and look for possible wrongdoings by Mr. Michael Yang.)

Fortun said the Senate should file a case against Yang and let the Ombudsman or the Department of Justice conduct their own investigation.

He said Yang has also received a letter of authority from the BIR on his income tax returns.

“In fact, meron nang natanggap na na LOA, letter of authority, itong si Michael Yang tungkol sa mga korporasyon niya mismo yung kanyang income tax returns. So madaming salita, umusad na yung proseso,” he said.

(Michael Yang has already received an LOA regarding his corporations and income tax returns. In short, there is process and it's already moving forward.)

However, Fortun clarified that Yang is not seeking to prevent the Senate from conducting its investigation as it is its right. 

“Yes, patuloy po siya na nirerespeto ang Senado, patuloy po siya na maga-attend ng mga hearings [Yes, he continues to respect the Senate and will continue to attend the hearings],” he said.

“Pero patungkol sa mga bagay na kwinekwestyon sa Supreme Court ay sana hihingi na lang ng paumanhin na hindi niya muna susumite at sasagutin ang mga tanong na ‘yun?” he added.

(But in relation to the things he is questioning before the Supreme Court, we apologize but he will refrain from answering and submitting the answers to those questions.)

GMA News Online has sought blue ribbon chairman Senator Richard Gordon for comment, but he has yet to reply as of posting time.

Senate President Vicente Sotto III and Senator Panfilo Lacson brushed aside the petition filed by Yang. 

“Bayaan na lang nating kumita ‘yung abogado. ‘Yun lang masasabi ko,” Lacson said at a virtual press conference.

(Let his lawyer earn some money. That's all I can say.)

He said there are several SC decisions which upheld the Senate’s power to cite a resource person in contempt for being evasive.

“Kaya tinatawanan na lang namin without preempting ano ‘yung future action ng Supreme Court—pero yun ang pananaw namin dito na hindi magwawagi. Kasi nasa Constituton eh,” Lacson said.

(We just laughed it off, of course, without preempting the future action of the Supreme Court. But it is our view, that the petition won’t succeed because [the authority of the Senate] is in the Constitution.)

Sotto, on the other hand, said that the Senate blue ribbon committee is ready to answer Yang’s petition.

“Ang tingin ko walang kakwenta-kwentang style yun. Ngayon, kayang-kaya ng blue ribbon sagutin yan,” he said.

(For me, it's a worthless style. The blue ribbon can answer that.) —KBK/VBL, GMA News