2 Pharmally execs allegedly in hiding after Senate panel's issuance of arrest order

Two officials of Pharmally Pharmaceutical Corporation are allegedly “in hiding” after the Senate blue ribbon committee issued arrest orders against them.

In a text message to GMA News Online, Senate Sergeant-at-Arms retired Major General Rene C. Samonte said they have yet to serve the arrest orders against siblings Mohit and Twinkle Dargani as they were no longer in their respective residences as of Tuesday night.

“Hindi sila naaresto or sumuko so far. As of last night, wala sa tatlong condo na mga address nila,” Samonte said.

(They were not arrested nor did they surrender to us. As of last night, they were not in any of their three condominium units.)

“[Na-confirm] naman ng mga condo staff and security na sa kanila nga ang mga condo units sa Bonifacio Global City at Greenhills, pero sarado at walang tao kahapon hanggang gabi. Mukhang in hiding na sila, kaya patuloy naming hahanapin sa mga susunod na araw,” he added.

(The condo staff and the security personnel have confirmed that they own the condominium units which are located in BGC and Greenhills. It appears that they are in hiding that is why we will continue to look for them in the following days.)

On Tuesday, the Senate blue ribbon committee cited Mohit and Twinkle in contempt after failing to provide the necessary documents being asked by the panel. The committee is looking into the Department of Budget and Management-Procurement Service's purchase of P8.6-billion worth of face masks, face shields, and PPEs from Pharmally Pharmaceutical Corporation. The company only had a P625,000 paid-up capital.

Mohit, Pharmally's corporate secretary and treasurer, said they are not refusing to submit the documents. However, they were just invoking their rights as advised by their legal counsel.

Twinkle is the firm's president.

Although he is not the legal counsel of the Dargani siblings, Atty. Ferdinand Topacio, the lawyer of Pharmally director Linconn Ong, earlier said on Wednesday that senators and the Senate sergeant-at-arms may face serious illegal detention charges if they will arrest the two Pharmally executives.

In a virtual press conference, Topacio mentioned President Rodrigo Duterte’s order directing law enforcers not to arrest resource persons who ignore the Senate’s subpoena.

He also cited the Supreme Court jurisprudence in the case of Neri vs. the Blue Ribbon Committee, saying detention can only be done if the person is in contempt of the Senate and is within its premises, while arrests cannot be done because the Senate sergeant-at-arms has no statutory authority to arrest anyone outside its premises.

“Mr. Mohit Dargani is outside of the Senate. The OSSA has no authority to take him into custody,” he said.

Topacio added that Dargani can only be arrested if a court issues an arrest warrant, or he is committing, just about to commit or has committed a crime.

“We are therefore warning the Sergeant-at-Arms, and any senator ordering the arrest of anyone outside of the Senate premises, that they can be charged with serious illegal detention, a non-bailable offense, if they detain any person at large,” he said.

Responding to this, Senate President Vicente Sotto III said the arrest of the Dargani siblings is allowed “as long as they are within the jurisdiction of the Philippines.”

Meanwhile, Gordon called this “absurd.”

“Example: a person had been sent a subpoena to either appear in person or to produce documents necessary for an investigation, in aid of legislation, and then that person does not appear or does not submit documents. Does the Senate wait for that person to enter the Senate premises in order for that person to be cited for contempt and thus detained? All that person will need to do is just not enter Senate premises so he/she won’t be held accountable for his/her recalcitrance,” Gordon pointed out.

“This will lead to a really stupid situation where a co-equal branch is rendered inutile because it’s supposed jurisdiction is restricted to where it’s building is situated,” he added. —KG/RSJ, GMA News