Jinggoy supports Senate contempt powers amid Brice Hernandez writ of Amparo

Senator Jinggoy Ejercito Estrada on Friday defended the Senate's authority to cite individuals in contempt, following a Pasay City Regional Trial Court (RTC) order requiring the upper chamber to respond to a writ of amparo filed by embattled former Bulacan assistant district engineer Brice Hernandez.

Estrada expressed confidence in the Senate’s legal standing and urged the chamber’s legal counsel to respond promptly to the court’s directive. 

Hernandez filed the petition after being cited in contempt and reportedly detained by the Senate’s Blue Ribbon Committee during an ongoing investigation.

“I expect the Senate, through our legal counsel, to immediately take due notice and respond to the court order, to assert and uphold the exercise of the investigating committee’s contempt power,” Estrada said. 

“Such action taken by the Senate is not only in order but is necessary to ensure the integrity and credibility of legislative inquiries and to safeguard the public interest,” he added.

Estrada emphasized that the Senate’s actions are grounded in the 1987 Constitution, particularly its power to conduct inquiries in aid of legislation. 

He asserted that the chamber’s ability to cite individuals in contempt is crucial to preserving the authority and effectiveness of Senate investigations.

“The exercise of this authority is well within the Senate’s constitutional mandate, as it ensures the integrity of its proceedings and protects the public interest,” he said. 

He also pointed to several precedents where the Senate exercised this power, citing the detention of former Customs Commissioner Nicanor Faeldon and Linconn Ong in connection with the high-profile Pharmally hearings. 

Estrada also referenced the 1950s case involving Jean Arnault, where the Supreme Court upheld the Senate's authority to detain a witness for contempt during the investigation into anomalies at the New Bilibid Prisons.

“Hindi ito ang unang beses na nagpakulong ang Senado ng mga na-cite in contempt ng Blue Ribbon Committee (This is not the first time the Senate has detained individuals cited in contempt by the Blue Ribbon Committee),” he noted. 

“May pagkakataon pa na kinatigan ng Supreme Court ang pagpapakulong ng Senado sa isang testigo sa New Bilibid Prisons (There are times that the Supreme Court has even affirmed this power in past rulings),” he added. 

Estrada dismissed concerns of abuse, asserting that the Senate’s actions were within legal bounds.

“Kumpiyansa ako na walang pagmamalabis na ginawa ang Senado at naaayon ito sa aming constitutional mandate at jurisdiction, partikular sa pagpapataw ng kaukulang parusa sa mga nagsisinungaling na resource persons (I am confident that the Senate committed no abuse and that its actions are in accordance with our constitutional mandate and jurisdiction, particularly in imposing appropriate penalties on resource persons who lie),” he stressed. 

On Thursday, the legal team of Brice Hernandez filed a petition for a writ of amparo before the Pasay City Regional Trial Court, citing “serious and ongoing threats” to his life, liberty, and security.

The petition comes in the wake of Hernandez’s testimony before Congress regarding his alleged involvement in irregularities tied to flood control projects in Bulacan.

According to his lead counsel, Atty. Ernest Levanza, Hernandez’s safety has been at risk since he came forward with sensitive information during the legislative hearings.

"We filed a petition for writ of amparo for our client Brice Hernandez. This is actually a petition and an extraordinary remedy we have availed for the benefit of our client, considering the threat to life, security, and liberty,” Levanza said.