The Supreme Court (SC) was asked on Monday, Sept. 23, to stop the House of Representatives Quad Committee (Quad Comm) from enforcing the arrest order issued against former presidential spokesperson and lawyer Harry Roque.
The petition for a Writ of Amparo filed by Roque’s daughter, Bianca Hacintha, asked the SC to issue a temporary protection order (TPO).
The Writ of Amparo is “a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.”
Roque was ordered arrested and detained by the Quad-Comm after being cited for contempt a second time for failing to submit subpoenaed documents crucial to the joint panel's investigation, including his tax records and statement of assets, liabilities, and net worth (SALN).
Instead of complying, Roque has gone into hiding and vowed not to surrender.
In the course of its hearings, the Quad-Comm uncovered evidence that allegedly linked Roque to Lucky South 99, an illegal Philippine Offshore Gaming Operator (POGO) in Porac, Pampanga, which was raided last June, and where authorities unearthed evidence of illegal activities such as human trafficking, torture, scam farms, prostitution, and pornography.
“The actions of the respondents (referring to members of Quad-Comm) were committed with grave abuse of discretion in exercising their legislative powers in an abusive manner, and in usurping the investigative powers reserved for the Executive Branch and the adjudicative powers reserved for the Judicial Branch of government,” the petition stated.
Aside from stopping the enforcement of the arrest order, Roque’s daughter also asked the SC to stop Quad-Comm from compelling her father to produce any additional document or attend future hearings.
The petition stated that Roque “has already provided all the information that are relevant and pertinent to the subject of the congressional inquiry.”
“During those public hearings, he (Roque) answered all the questions of the committees forthrightly, without invoking any excuse. He never evaded any question. He provided every information that was required of him by the house committees,” the petition also stated.
“Quad Com has wielded its contempt power capriciously and whimsically, meting out punishment just because some of its members did not like the answer of the resource persons, or because the resource persons are invoking their constitutional rights,” it added.
At the same time, the petition pointed out that “legislative inquiry must respect the individual rights invited to or affected by the legislative inquiry or investigation. Hence, the power of legislative inquiry must be carefully balanced with the private rights of those affected.”
“A person’s right against self-incrimination and to due process cannot be swept aside in favor of the purported public need of legislative inquiry,” it stressed.
It was not known immediately if the petition would be taken up by the SC in its full court session on Tuesday, Sept. 24.