Cassandra Li Ong seeks SC help amid congressional POGO probes

Cassandra Li Ong, the authorized representative of the raided Philippine Offshore Gaming Operator (POGO) firm in Porac, Pampanga, has sought the Supreme Court's help amid the congressional investigations where she is being pressed to testify.

In a 27-page petition for certiorari, Ong asked the SC to direct the Senate and the House of Representatives to honor her right to remain silent and right against self-incrimination during hearings into POGO-related crimes.

“Ang amin lang po, in our humble opinion, ay kapag nag-invoke ka ng right to remain silent ay hindi ka na dapat tinatanong at hindi ka na dapat pinipilit magsalita,” Atty. Ferdinand Topacio, Ong's legal counsel, said in an ambush interview during the filing.

(In our humble opinion, when you invoke your right to remain silent, you should no longer be questioned and should not be forced to speak.)

“‘Yun lamang po. Kami po ay dadalo out of respect to both chambers of Congress. Kami po ay pupunta roon ngunit i-invoke po namin ‘yung right to remain silent,” he added.

(That's all. We will attend the hearings out of respect to both chambers of Congress. We will go there, but we will invoke our right to remain silent.)

The respondents from the Senate are Committee on Justice and Human Rights chair Senator Aquilino "Koko" Pimentel III; Committee on Women, Children, Family Relations and Gender Equality chair Senator Risa Hontiveros; and Committee on Public Services chair Senator Raffy Tulfo.

Meanwhile, the respondents from the House are Committee on Dangerous Drugs chair Rep. Robert Ace Barbers; Committee on Public Accounts chair Rep. Joseph Paduano; Public Order, Safety and Accountability chair Rep. Dan Fernandez; and Committee on Human Rights chair Rep. Benny Abante.

In a brief statement, Hontiveros said she has yet to receive a copy of Ong's petition.

"But we stand by the long line of jurisprudence of the Supreme Court upholding the subpoena and contempt powers of the Senate," she said. 

For his part, Pimentel said, "Let’s await the court action/decision." 

Abante said Ong has a choice between assisting lawmakers or choosing to cover up for lawbreakers. 

“It is unfortunate that she has chosen to hide behind the veil of silence rather than help Congress in its efforts to address the evils brought about by POGOs,” Abante said in a statement.

“Her silence makes her an accomplice, and if Ms. Ong chooses this path, she will be treated as such,” he added.

Fernandez said that the right to remain silent is not applicable.

“She can only invoke the right against self-incrimination, which must be invoked per question. And how do they know what questions the committee will ask?” he said.

GMA News Online has sought comment from the other respondents but they have yet to respond as of posting time.

Topacio said they are also arguing that individuals who use their rights under the Constitution should not be punished. 

“Hindi po dapat minamasama ng kahit sino ang pag-invoke, ang paggamit ng isang tao sa constitutional rights,” he said.

(No one should be faulted for invoking, or prevented from exercising, their constitutional right.)

He also said that Ong’s mental health should not be taken for granted.

Topacio said that the legislators were conducting an investigation that seems to determine whether a particular person has committed any violation. He said that's beyond the scope of a legislative inquiry. 

“Pagka-legislative inquiry po, sinabi na ng ating Supreme Court, ang relevant lang po diyan ay impormasyon para matulungan ang ating mga mambabatas na gumawa ng panukalang batas,” he said. 

(In a legislative inquiry, as stated by our Supreme Court, the only relevant information is what can aid our lawmakers in crafting legislation.)

Ong, who was arrested in Indonesia and brought back to the Philippines to face the investigation, has been discharged from the hospital and is now back in House custody.

House Secretary General Reginald Velasco also said that Ong is healthy enough to face the ongoing House probe on crimes involving POGO companies.  —KBK/VBL, GMA Integrated News