The daughter of former presidential spokesperson Herminio “Harry” Roque filed a petition before the Supreme Court (SC) yesterday, seeking a writ of amparo to prevent the House of Representatives Quad Committee from ordering her father’s arrest after he failed to participate in its ongoing investigation of a Philippine Offshore Gaming Operator (POGO) firm in Porac, Pampanga.
The petition, filed by Hacintha Roque through the Coo Dizon and Lardizabal Offices, also asked the SC to issue an ex-parte temporary protection order (TPO) to hold the arrest order in abeyance pending resolution of the petition.
She further petitioned the court to issue a writ of certiorari, arguing that the Quadcom acted with grave abuse of discretion in declaring her father in contempt and ordering his arrest and detention.
The Quadcom cited Harry Roque in contempt and ordered his arrest on 12 September after he failed to attend its hearing.
The petitioner also sought a writ of prohibition to permanently bar the Quadcom from requiring her father to produce additional documents or attend future hearings in connection with the POGO investigation.
She argued that her father had a right to due process under Section 1, Article III of the Constitution.
The daughter said the Quadcom’s inquiry violated Section 21, Article VI of the Constitution, “which requires the protection of the rights of persons appearing in, or affected by, such an inquiry.”
The petition further argued, “In violation of this right, the Respondent Quad Committee is usurping the investigative powers of the Executive Branch and the judicial functions of the Judiciary by fishing for evidence they could use to condemn him for his alleged involvement with IGLs (internet gaming licensees) and POGOs (which he has repeatedly disproved), or some other infraction they hope to stumble upon during their fishing expedition.”
The Quadcom has required Roque to submit his Statement of Assets, Liabilities and Net Worth (SALN), his and his wife’s income tax returns, and documents pertaining to their family corporation and personal matters, including the settlement of his aunt’s estate.
The petitioner argued that this order is equivalent to compelling her father to submit evidence against himself.
“The Respondent Quad Committee is looking for some asset that he or his wife might have misdeclared in their respective SALNs, or some item that either of them might have neglected to declare on their income tax returns, or some report that they might have neglected to submit with the Securities and Exchange Commission, even though those documents predate the establishment of IGLs or POGOs,” she said.