Gordon, Drilon urged to follow SC ruling on legislative inquiries

The camp of detained Pharmally executives Mohit Dargani and Linconn Ong on Thursday asked outgoing Senators Richard Gordon and Franklin Drilon to follow the Supreme Court (SC) decision, which sets the timeline on how long the Senate can keep people cited in contempt under its custody.

Citing the case of Balag vs. Senate of the Philippines, lawyer Ferdinand Topacio insisted the jailed company officials should be released on June 3 — in time for the Congress’ adjournment sine die.

In the Balag case, the SC ruled that "while the Senate is a continuing institution, its proceedings are terminated upon the expiration of that Congress at the final adjournment of its last session. Hence, as the legislative inquiry ends upon that expiration, the imprisonment of the detained witnesses likewise ends."

“We understand if Senators Drilon and Gordon want to desperately cling on to their dwindling power for as long as possible but the fact is, the Supreme Court has clearly ruled in the Balag case that legislative inquiries, and therefore the power to cite in contempt, arrest and detain that goes with it, is terminated upon the adjournment of its last session,” Topacio said in a statement.

“Congress already determined the adjournment of its third and last session to be June 3. After that, they can no longer tackle business; no more investigation can be had. Clearly, any further detention beyond that is done so merely out of spite."

"We have a system of checks and balances. The Supreme Court has already made a ruling. Senators Drilon and Gordon should accept and abide by that ruling," Topacio said.

Senate President Vicente Sotto III earlier said the Pharmally executives would be freed on June 3, but Drilon and Gordon rejected this assertion. 

In separate statements on Wednesday, the two legislators said the chamber has the authority to keep the Pharmally officials detained until June 30.

“The 3rd Regular Session of the 18th Congress adjourns on June 3. Note that it is the 3rd Regular Session that adjourns on June 3. But the 18th Congress itself adjourns and closes on June 30,” Drilon said.

Both Dargani and Ong are detained at the Pasay City Jail after they were cited in contempt for failing to produce documents related to the company's operations during the Senate blue ribbon committee hearings on the government’s use of COVID-19 funds.

Last year, Gordon led the Senate committee's inquiry into the transfer of P42-billion COVID-19 funds from the Department of Health to the Procurement Service of the Department of Budget and Management (PS-DBM).

This included PS-DBM’s purchase of P8.6 billion worth of face masks, face shields, and personal protective equipment from Pharmally Pharmaceutical Corporation, a firm that only had P625,000 in paid-up capital when it entered into transactions with the government.

The Senate committee has already recommended the filing of charges against Ong, Dargani, and several government officials and individuals in connection with the alleged anomalous purchases of COVID-19 supplies. —VBL, GMA News