The Senate on Wednesday, September 10 ordered that former Bulacan assistant district engineer Brice Ericson Hernandez be transferred to the Pasay City Jail.

This, after the Senate Minority bloc, led by Sen. Alan Peter Cayetano moved to question Senate President Vicente “Tito” Sotto III’s decision to heed the House of Representatives’ request not to return Hernandez to the Senate where he was cited for contempt and originally detained.

From the Senate’s custody on Monday, Hernandez was brought to the Philippine National Police (PNP) Custodial Center after testifying at the Lower House’s investigation on Tuesday into the anomalous flood control projects where he implicated Senators Jinggoy Ejercito Estrada and Joel Villanueva.

During Wednesday’s plenary session, Cayetano questioned the new Senate leadership regarding the rules on jurisdiction of resource persons who are cited in contempt by the Upper Chamber, noting that a witness that is under the custody of the Senate can be borrowed by their counterparts in the House.

“I don't think we should change rules without doing it either in focus as a group.

But I see the wisdom Mr. President of your immediate action. I’m not questioning your

immediate action Mr. President. I’m just asking, moving forward, shouldn't we keep the old rule that whoever has the custody, should keep custody over that witness?” Cayetano pointed out.

Sotto, however, defended his decision the presiding officer made that night, and affirmed that even though Hernandez is in the PNP Custodial Center, the Senate retains legal and physical custody of Hernandez.

“He is in our custody. What we did yesterday was what we called parliamentary

courtesy in accepting the proposal that he be not returned here but still under the care of the Senate,” the Senate leader responded.

Cayetano, however, argued that by not having Hernandez back in the Senate premises will cast a negative public perception on the Upper Chamber.

“So the issue here is not only the physical and the legal custody, the issue also is the integrity of the Senate, the perception that if we don't have him here, all witnesses can just say we don’t want to be there. What if they have no trust even with the PNP? Will they request to be moved to the NBI?

“The peculiarity of this case is that it wasn't the House, nor the Senate, nor the PNP,

nor the intelligence community making the request. It was the witness,” Cayetano pointed out.

At this, Sen. Rodante Marcoleta, who headed the Senate blue ribbon committee before the leadership change occurred on Monday, also questioned why the Senate leadership seemingly invalidated his order for Hernandez’s return to Senate custody after testifying at the Lower House.

“As raised by Sen. Alan, we’re not supposed to change the rules, and I hope Mr. President that he be brought back immediately to the Senate not only because this is the condition that you gave them, but more importantly in order to erase the perception that if he is here in the Senate he is not safe. I will reject the idea, that if he returns here in the Senate, his life is in danger. It’s as if we are giving credence to his statement which I believe is not true,” Marcoleta said echoing Cayetano’s remark.

After much debate, Senate Majority Leader Juan Miguel “Migz” Zubiri then moved to suspend the session.

When they returned, Estrada made a motion to commit Hernandez to the Pasay City Jail. Zubiri, seconded the motion.

Hearing no objections, Sotto then announced that Hernandez be transferred to the Pasay City Jail, ordering the Senate Sergeant at Arms to facilitate his transfer to the said venue.