Days after making a disclosure linking Senators Jinggoy Ejercito Estrada and Joel Villanueva to the flood control projects controversy, physical custody over former Bulacan assistant district engineer Brice Ericson Hernandez stirred a two-hour discussion in the Senate on Monday, Sept. 15.

During the plenary session, it was Senator Ronald "Bato" dela Rosa who brought up a parliamentary inquiry regarding Hernandez's sudden transfer earlier on Monday to the detention facility of the Senate from the Pasay City Jail under Senate President Vicente "Tito" Sotto III's prerogative.

Hernandez tagged Estrada and Villanueva before the House Infrastructure Committee (infra comm) who allegedly benefited from P955 million worth of Bulacan flood control projects through a 30 percent “SOP” or standard operating procedure — a euphemism for commissions or kickbacks.

His transfer to the Pasay City Jail from the Philippine National Police (PNP) Custodial Center was made possible through a motion made last week by Estrada, which began from Hernandez's request that he not be returned to the Senate. Yet following eventual his transfer to the Senate, Dela Rosa asked if their previous parliamentary action can be subverted by an action not decided on by the plenary, which in this case, under Sotto's decision.

Aside from this, Dela Rosa also called out several statements made by Sotto in various news interviews, which he claims, alluded to the minority bloc in negative light.

In his manifestation, Senate Minority Leader Alan Peter Cayetano called for the strict adherence to the rules when it came to situations such as this.

Citing the Senate rules, he said that a witness cited in contempt may be ordered detained in such a place that may be designated by the committee alone, may word po na alone, or with the concurrence of the Senate President

"And in our discussion, the new chairman admitted that he was not consulted, it was the Senate President," Cayetano said.

"The issue is not where to detain him. The issue is who has authority and ano ang rules natin (what our rules are). Ang rules natin yung committee. Ang committee hindi lang yung chairman (Our rules say it's the commiittee. The committee not just the chairman)," he added.

In a privilege speech after Cayetano, Senator Rodante Marcoleta also called out several statements made by Sotto, aside from Hernandez's physical custody. Among this is Sotto's refusal to his recommendation to put Discaya under the Witness Protection Program (WPP) with the Department of Justice.

"So what’s happening here is, is that the reason the Discayas are being discredited and suspected is because they mentioned 17 congressmen in their sworn affidavit? Is that the reason? Why is it that when Hernandez testified in the House, we immediately listened to his explanation just because he supposedly named two of our colleagues here?" Marcoleta said in Filipino.

"What’s clear here is that when Brice Hernandez speaks, it seems there’s immediate validation. It’s as if we already believe that his life could be in danger simply because he mentioned two of our colleagues," he added.

He later expressed concern for the lives of the Discayas, which was invited to the House hearing, and that no action was made even though they mentioned 17 congressmen. Marcoleta also questioned Sotto's remarks on the Senate Blue Ribbon Committee chairmanship, that it does not have to be a lawyer and that its current chairperson, Senate President Pro Tempore Panfilo "Ping" Lacson is even better than an ordinary lawyer.

In response, Sotto went down from the rostrum to answer these statements. With regard to the media interviews, Sotto said whenever he's asked he comes up with his opinion.

"You don't like my opinion, but you have respect it. In much as the same way I respect your opinion whatever it is," he added.

Addressing Cayetano's claim regarding the rules, Sotto said that the detention of a witness can be designated by the committee alone or with the concurrence of the Senate President, emphasizing the second part, that the Senate leader has the power to order Hernandez's transfer.

"So the Senate President has the power to do that," he said.

On the Discayas, Sotto said that he felt that what they have said is incomplete and as he heard from the Department of Justice (DOJ) chief, it should be a "tell all," not a "tell half."

"Ang WPP ang pagkakaalam ko, magkakaroon ng immunity from criminal prosecution, so kung natatakot sila sa kanilang security, Bilyon-bilyon pera nila eh, andami nilang pwedeng bayarang security guard (“As far as I know, the WPP will give immunity from criminal prosecution, so if they’re worried about their security—well, they have billions of pesos; they can hire lots of security guards)," he said.

“Kahit 1,000 security guard kaya nila. Bakit kailangan gobyerno [magbayad]? (They can afford even 1,000 security guards. Why should the government be the one to pay?" he added.

Lastly, he addressed Marcoleta's claims regarding the Blue Ribbon panel's chairmanship. Sotto said that Marcoleta shouldn't feel alluded to since no name was even mentioned.

"Kasi ang tinatanong nila, hindi naman daw abogado si Sen. Lacson, e magaling na imbestigador eh. Talo niyan ang karaniwang abogado, di ko sinabing si Sen. Marcoleta yung abogado na 'yun (“Because what they’re asking is, Senator Lacson isn’t even a lawyer, yet he’s an excellent investigator. He’s better than an ordinary lawyer — and I wasn’t referring to Senator Marcoleta as that lawyer)," he said.

"Why would you feel alluded to if I didn't mention your name?" he added.

Senator Juan Miguel "Migz" Zubiri asked if there are senators who are objecting to Hernandez's transfer back to the Senate premises for him to make a proper motion. After suspending the session to discuss the matter, Zubiri said that the body came up with the consensus to retain Hernandez in the Senate.

"Better coordination na lang po, and we agreed to coordinate better with the minority floor leader," he said.