SC nullifies contempt, arrest order vs. Pharmally execs

The Supreme Court has nullified the contempt and arrest order issued by a Senate committee against former presidential economic adviser Michael Yang and Pharmally Pharmaceutical Corporation official Linconn Ong.

In a 53-page decision, the Supreme Court en banc partially granted Yang and Ong’s petition and nullified the arrest order, saying there was grave abuse of discretion when it was issued.

The Supreme Court said Section 21, Article IV of the 1988 Constitution provides the power of the Legislature and its committees to conduct inquiries in aid of legislation in accordance with duly published rules and procedure.

However, the Court said the power of legislative investigation is subject to three limitations —the inquiry must be in aid of legislation; it must be conducted in accordance with its duly published rules of procedures; and the rights of persons appearing in or affected by such inquiries shall be respected.

:Further, where there there is factual basis for contempt, the resource person's detention should only last until the termination of the legislation of the legislative inquiry.

“In the case of Ong and Yang, the Court found that while the Senate complied with the first two restrictions, it failed to meet the last when it cited the petitioners in contempt and ordered their arrests without giving them the opportunity to be heard,” it said.

During the Senate plenary deliberations on the budget of the Judiciary, Senate Minority Leader Aquilino “Koko” Pimentel III asked if the SC's decision curtailed the right of the Senate to cite a resource person in contempt.

Senator Sonny Angara, who defends the budget of the Judiciary, explained that the SC was not questioning the power of the Senate, only the methods on how to exercise it.

“Sa simpleng salita, ‘di kine-kwestyon ng hukom ang ating kapangyarihan dito sa Senado, ‘yung contempt power, sapagkat nasa Saligang Batas po ‘yan. Pero ‘yung paraan lang po ng pag exercise nito,” said Angara, who was relaying the explanation of the justices present during the plenary deliberations.

“Pagka nagdeklara po tayo ng isang witness in contempt, eh kailangan may due process, ho. Bigyan po s’ya ng oportunidad na madinig at ipaliwanag 'yung kanyang testimonya,” he added.

Upon the suggestion of Pimentel, Senate President Juan Miguel Zubiri ordered the Senate legal division to come up with a clarification on the contempt powers of the chamber.
“Sometimes, we are quick to pull the trigger in these particular cases. So, we’d like to be guided accordingly,” said Zubiri.

“We’d like to know the parameters in doing so, in doing our constitutional duty in acting well of course in aid of legislation and in the case of the Blue Ribbon to come up with a Blue Ribbon Committee report so that the agencies such as the Sandiganbayan or the Ombudsman are guided accordingly,” he added.

In September 2021, the Senate blue ribbon committee cited Ong and Yang in contempt “for being evasive” when questioned about the alleged overpriced COVID-19 supplies.

Ong was released from jail in June 2022. —AOL, GMA Integrated News