By Ben Rosario
After allegedly defying a Court of Appeals order for the release of six detained Ilocos Norte employees, the leadership of the House of Representatives has vowed to address the legal issues raised against the chamber before the appellate court.
Majority Leader and Ilocos Norte Rep. Rodolfo Fariñas said the House sergeant-at-arms Lt. Gen. (ret.) Roland Detabali , through the Office of the Solicitor General, has questioned CA’s jurisdiction over the contempt powers of Congress.
After failing to show up in three court hearings on the petition for writ of habeas corpus filed by the six provincial workers, Detabali was ordered by the CA on Friday to release the petitioners.
A release order signed by Associate Justice Stephen Cruz, acting presiding justice of the CA Fourth Division, and concurred to by Associate Justices Edwin D. Sorongon and Nina G. Antonino-Valenzuela.
However, when the court-appointed sheriff served the CA directive on Friday night, he was reportedly denied entry to the Batasang Pambansa compound where the six petitioners are being held and where Detabali holds office.
“It’s a pending case in court, and we will address the issues properly in court,” said Fariñas when asked to comment on allegations that the Lower House defied the court directive.
Ilocos Norte Governor Imee Marcos lamented that the House action would result to the detention of the six provincial employees until Tuesday.
The six petitioners, namely Genedine D. Jambaro, Encarnacion A. Gaor, Josephine P. Calajate, Eden C. Battulayan, Evangeline C. Tabuluog, and Pedro S. Agcaoili Jr, have been cited in contempt of the Lower House for their alleged evasive responses to questions raised by lawmakers conducting a legislative inquiry into the alleged misuse of some P64 million in tobacco excise taxes allocated to the provincial government.
Surigao del Sur Rep. Johnny Ty Pimentel, chairman of the House committee on good government and accountability, said the House panel unanimously voted to cite the six in contempt during a hearing conducted on May 29.
“So far, I have checked there is no order from the Speaker for the release of the six employees,” said Pimentel when asked to comment on the CA-issued release order.
However, Pimentel admitted that he heard reports that a CA release order was indeed issued.
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Interviewed earlier, Pimentel said the Lower House leadership is convinced that the CA does not have jurisdiction over the rules of the chamber, including its use of contempt powers which is guaranteed under the Constitution.
“We do not recognize the jurisdiction of the court. The power of contempt is not subject to judiciary review as stated in various jurisprudence of the Supreme Court,” Pimentel said.
He added: “We belong to coequal branches of government. Congress has its own rules to follow.”
Pimentel added that the legal impasse would be considered an important test case that the Supreme Court might look into.
On Thursday, Speaker Pantaleon Alvarez warned of a constitutional crisis if the Supreme Court would rule in favor of petitioners demanding for the convening of Congress into a joint session to decide on whether or not President Duterte has sufficient bases to declare martial law in Mindanao.
Detabali has snobbed the court three times, presenting an alibi that he was on official eight-day inspection trip with some 80 Congressmen when the first two court hearings were set.
On the other hand, Pimentel said Detabali failed to secure Speaker Pantaleon Alvarez’s permission to attend the third court session.
The Surigao del Sur solon explained that the only way the six detained provincial workers can gain freedom is when they decide to tell the truth about alleged anomalies surrounding the P66.4 million share of Ilocos Norte from the tobacco excise tax collection.
“The only time they will be released is if they will signify their intention to answer questions asked by us and if they are able to satisfy us with their answers,” said Pimentel.
Pimentel vowed to convene the House panel to a hearing as soon as anyone or all six detained employees start cooperating with the legislative inquiry into the massive excise tax irregularity.
The six employees who worked under Ilocos Norte Gov. Imee Marcos were cited in contempt of the Lower House when their responses to questions raised by solons during a congressional hearing were found to be evasive.
The six employees were among the eight provincial workers who have continually refused to testify before the good government panel. They finally presented themselves in last month’s hearing only to shirk from the questions propounded by congressmen, Pimentel revealed.