Senator Risa Hontiveros warned on Friday, Feb. 16 the leaders of People’s Initiative for Modernization and Reform Action (PIRMA)  of possible criminal charges should they continue their refuse to disclose the identities of the donors behind the controversial “EDSA-pwera” TV ad.

“Mahaba na ang pasensya at panahon na binigay ng Senado sa PIRMA para ilahad ang mga donor sa TV ad ukol sa pekeng People’s Initiative. Dapat maalala ni PIRMA lead convenor Noel Oñate: Hindi pwedeng ismolin at balewalain ang Senado, dahil iyan ay paglabag sa batas (The Senate has given a lot of time and patience to PIRMA to disclose the donors of the TV ad regarding the 'fake' People's Initiative. PIRMA lead convenor Noel Oñate should remember: He cannot belittle and ignore the Senate, because it's against the law),” Hontiveros said.

The Senate Committee on Electoral Reforms and People’s Participation earlier issued a subpoena duces tecum ordering Oñate and PIRMA to submit the donor’s list for the P55 million pro-Charter change (Cha-cha) TV advertisement.  

However, Oñate claimed that the donors refused to be identified for “security and privacy concerns".

Hontiveros pointed out that refusing to answer any legal inquiry or to produce papers or records in one’s possession falls under the crime of "disobedience to summons issued by Congress, its committees or subcommittees" under Article 150 of the Revised Penal Code.  The said crime, she noted, carries a penalty of up to six months imprisonment, or a fine ranging from P40,000 to P200,000, or both fine and imprisonment.

Apart from criminal charges, Hontiveros said Oñate and PIRMA leaders could also be cited in contempt by the Senate committee if they keep ignoring the panel's orders.

“Malinaw ang batas na dapat ay sundin ang subpoena o subpoena duces tecum ng Senado. (The law is clear that the subpoena or subpoena duces tecum of the Senate should be followed). If the donors to the TV ad are worried about their privacy or security, then the list could be submitted and examined in an executive session, as mentioned by committee chair Senator Imee Marcos. Pero kahit anong mangyari, hindi sila mas mataas sa institusyon ng Senado (But whatever happens, they are not above the Senate institution),” Hontiveros said.

“As I have said before, nagtataka ako kung bakit ayaw magpakilala ng mga nasa likod nitong TV ad para sa PI (I'm puzzled as to why the donors of the TV ad refuse to identify themselves). That alone already casts doubt on the motives of those behind this nefarious plan. Kung maganda ang hangarin nila para sa bayan, bakit sila takot magpakilala sa publiko? (If they have good intentions for the country, why would they be afraid to introduce themselves to the public?) This just confirms that PI should remain buried in the trash bin of history.” Hontiveros said.

Senators have earlier pressed PIRMA executives, who have been leading the PI signature drive, to provide the Senate with the names of the donors of the advertisement that advocated for Cha-cha.

Senator Imee Marcos, chairperson of the Senate Committee on Electoral Reforms and People's Participation, argued that there was no issue of security or privacy when it comes to a public disclosure of the donors.