Rep. Fernandez’s expulsion sought

An ethics complaint was filed by Atty. Ferdinand Topacio against Rep. Danilo Ramon Fernandez for allegedly denying his client the right to counsel during the Quadcomm hearings in the House of Representatives.

Topacio, in filing his complaint, cited the existing House Code of Conduct, particularly Section 141, which mandates that members of the chamber should adhere at all times to conduct that reflects creditably on the institution.

The lawyer strongly recommended the expulsion of Fernandez in his complaint, which was lodged with the House Committee on Ethics and Privileges. The complaint was subscribed and sworn to on 27 January 2025.

Topacio alleged that from 16 August 2024 to 27 November 2024, the House of Representatives conducted a series of Quadcomm hearings, involving multiple committees, which were streamed online.

Rep. Fernandez, as chairman of the Public Order Committee, summoned Katherine Cassandra L. Ong as a resource speaker due to her alleged involvement in Philippine Offshore Gaming Operators or POGOs, specifically Whirlwind Corporation and Lucky South 99.

Topacio, acting as Ong’s counsel, was tasked with advising her on her legal rights.

During one of the hearings, Ong requested a 10-minute recess, which was rebutted by Fernandez. The congressman reportedly said, “10 minutes for? To consult with your lawyer? Ten minutes? Is that too long?” Cassandra replied, “Yes po.”

Topacio emphasized in his complaint that the right to counsel is a right guaranteed by no less than the Constitution.

In another instance, Fernandez reportedly questioned, “Cassandra, what is the reason for the five-minute suspension? For you to talk to your lawyer? Are you asking for a 10-minute [suspension]?” to which Cassandra again replied, “Yes po.”

Topacio cited this exchange as one example of Fernandez’s treatment of his client, which appeared to deny her the privilege of legal counsel.

He further alleged that during the third Quadcomm hearing, Fernandez failed to recognize his client’s right to counsel as a resource speaker in the Joint Committee Hearing.

Guaranteed right

Topacio emphasized in his complaint that the right to counsel is a right guaranteed by no less than the Constitution.

Despite the approval of Chairman Ace Barbers for a five-minute suspension, Fernandez objected, disregarding Ong’s constitutional right to counsel, Topacio averred.

Topacio argued that Fernandez must be reminded that the hearings are aired publicly. “The respondent, by erroneously interpreting jurisprudence, may have contributed to the spread of disinformation to the public with his sentiments,” he stated in the complaint.

He also alleged that the brazen disregard of the constitutional rights of resource persons during legislative inquiries, as well as violations of the rules of procedure governing inquiries in aid of legislation, the laws and jurisprudence, and the public’s perception of the legal profession, constitute clear breaches of the House’s Code of Conduct.

“Hence, I submit that the respondent has conducted himself in a manner detrimental to the integrity of the House and its members, consequently warranting his expulsion.”

He stated that the provision is outlined in the Rules of the House of Representatives. However, he pointed out that some lawmakers, who should be the first to follow their own rules, often contradict these principles with their words and actions, resulting in misconduct that tarnished the reputation of the House.

Topacio also mentioned in his complaint that members are required to adhere to both the spirit and the letter of the Rules of the House and the rules governing its committees.

He added that the House, upon the recommendation of the Committee on Ethics, may impose sanctions on its members for any violations of the Code of Conduct or for disorderly behavior.