Metro Manila (CNN Philippines, December 20) — Sen. Francis Tolentino has filed a resolution seeking to amend Senate committee hearing procedures so that witnesses or resource persons can be heard before being cited in contempt.
In Senate Resolution No. 889 dated Tuesday, Tolentino proposes a specified period in which witnesses can submit statements before an inquiry as well as restrictions on when and how they could be cited in contempt.
The Supreme Court in November nullified the implementation of the Senate’ s contempt and arrest orders against Pharmally executives, ruling that they were cited in contempt \”without giving them the opportunity to be heard.\”
READ: SC nullifies contempt, arrest order vs Pharmally execs
“With that, ‘yong decision ng Supreme Court sa Pharmally case ay nasagot na,” he told reporters on Wednesday. “Dahil sa Pharmally, hindi raw binigyan ng blue ribbon ng karapatang magpaliwanag. Ito ngayon masasagot, sobra sobra pa.”
[Translation: With that, the decision of the Supreme Court related to the Pharmally case is addressed. Because the court said during the Pharmally case, the blue ribbon did not give them the right to explain. This time, it will be addressed and more.]
The resolution specifically would amend Sections 16 and 18 of Resolution No. 5, or the “Senate Rules of Procedure Governing Inquiries in aid of legislation.”
“Kailangan ng resolution because it must be adopted by the entire body lalo pag blue ribbon [committee],” he explained.
[Translation: It needs a resolution because it must be adopted by the entire body, especially the blue ribbon committee.]
The proposed provision states that within 15 days from the adjournment of the Senate inquiry, \”all persons under investigation or witnesses appearing in or whose rights are affected by such inquiry\” may submit a legal brief or memorandum summarizing their position about the hearing’s topic.
\”Upon the expiration of the said period, the committee shall come up with its report notwithstanding the absence of the said memorandum,\” Tolentino wrote.
He also suggested in his resolution that “no witness appearing before the committee shall be cited in contempt for testifying falsely or evasively without being given the opportunity to be heard.”
Panel chairpersons would also be required to issue an oral order giving witnesses \”the immediate opportunity\” to explain for the record why they should not be cited in contempt. Another option would be to issue a written show cause order answerable within three days from issuance why they should not be cited in contempt.
Tolentino put forward that the person cited in contempt may file a motion for reconsideration, not exceeding 15 pages, within five days from the day the contempt was ordered.
It would also need a majority of all members of Senate panels to reverse or modify the contempt order, the resolution read.
The resolution said those cited in contempt may be ordered by the Senate committee to be “arrested and detained,” but “the period of detention shall only last until the termination of the legislative inquiry under which said power is invoked.”
