The Supreme Court could have granted Cagayan Governor Manuel Mamba's petition to nullify the contempt and detention order against him by a joint panel without issuing a TRO or temporary restraining order with respect to Congress, a co-equal branch of the government, a lawmaker said Thursday.

During the budget hearing of the court before the House appropriations panel, Sagip Partylist Rodante Marcoleta struck against SC members, puzzled why the court, which is a co-equal branch of Congress, needed to issue the TRO knowing fully well that the chamber has the jurisdiction to punish anyone for contempt.

"Question is, you know the power to punish for contempt. Why would you issue a TRO? It's basic. We know that the merits of the case are not disposed of. But the fact that you issued a TRO to a co-equal and coordinated branch of the government. How can we correct this? The TRO is already there," Marcoleta stressed.

In last week's hearing of the House committee on public accounts and the committee on suffrage and electoral reforms on the case of Mamba, the SC issued a TRO against the panel and its Sergeant-at-Arms halting it from implementing its contempt and detention orders against the governor.

Mamba was cited in contempt on 17 August for failing to attend the congressional inquiry in three months despite being summoned. He, however, was released on 24 August following the SC's TRO.

According to Marcoleta, the orders were just in response to Mamba's "refusal to answer show cause order from the joint committee and for refusal to issue travel authority for people called by the committee to testify to shed light on the issues being deliberated and for maligning the members of the committee on his radio program."

Marcoleta surprised

"We were surprised why, in the legitimate and constitutional function that Congress is doing, a TRO was issued by the Supreme Court," Marcoleta said.