The Supreme Court (SC) has issued a ruling that it is not within the power of Congress to indefinitely detain a person held in contempt by the Senate or the House of Representatives or any of their committees.
The decision made available to media yesterday was in relation to the petition filed by Aegis Juris fraternity leader Arvin Balag over the latter’s detention by the Senate for contempt in 2017.
Balag was cited in contempt by the Senate for refusing to answer questions by raising his right against self-incrimination, during the legislative inquiry into the hazing death of University of Santo Tomas (UST) law freshman Horacio “Atio” Castillo III.
In the ruling penned by Associate Justice Alexander Gesmundo, the High Court held that the period of imprisonment should only last until the termination of the legislative inquiry upon the approval or disapproval of the committee report and or upon the term expiration of Congress.
The interest of the Senate and the rights of persons cited for contempt during legislative inquiries should be balanced, the court said.
Three decades after the Marcopper mining disaster devastated Marinduque’s waterways, the province is again pressing the…
Housing is probably the biggest issue affecting people the world over.
Malacañang on Monday called for a more thorough investigation into the questioned flood control projects in Taguig…
The defense on Monday backed the move by senator-judges to exclude a prosecution witness who testified on the firearms…
While the ruling delved on a case filed against the Senate, the jurisprudence set by the highest court of the land applies also to the House and its committees, according to legal sources.
On 18 October 2017, Balag was detained by the Senate for contempt as he refused to answer questions regarding his leadership and membership in the UST-based fraternity.
The fratman, though, filed before the SC on 25 October a temporary restraining order against his detention and a prayer for the court to order his release.
The SC ordered his interim release on 27 December.
Meanwhile, the trial of Aegis fratmen over the death of Castillo got off to an emotional start yesterday at Branch 20 of the Manila Regional Trial Court, with prosecution witness Marc Anthony Ventura taking the stand.
Standing accused with Balag are Ralph Trangia, Oliver John Audrey Onofre, Mhin Wei Chan, Danielle Hans Matthew Rodrigo, Joshua Joriel Macabali, Axel Munro Hipe, Marelino Bagtang, Jose Miguel Salamat and Robin Ramon.
All are detained at the Manila City Jail facing charges for obstruction of justice and violation of Republic Act 8049 or the Anti-Hazing Law.
A lawyer of one of the accused clammed up when interviewed by the Daily Tribune on account of the sub judice rule.
