EXPLAINER: What does the Senate contempt power entail?

A Senate panel on Monday cited in contempt and ordered the detention of ex-Philippine Drug Enforcement Agency (PDEA) agent Jonathan Morales for "continuously lying" before the panel about his personal data sheet (PDS) when he was applying in the anti-drug agency.

Senator Jinggoy Estrada made the motion during a Senate public order and dangerous drugs committee hearing where Morales was grilled for allegedly "misrepresenting" himself in his PDS submitted to PDEA by indicating that he was not dropped from the Philippine National Police roll and was not dismissed and suspended from service.

Morales was the one who claimed to have signed the supposed “PDEA leaks” in 2012. With no objection from other members, Senator Ronald "Bato" dela Rosa, committee chairperson, approved the motion.

According to its rules, the Senate may sanction a witness or a resource person summoned for a legislative inquiry for contempt if he “disobeys any order of the Committee or refuses to be sworn or to testify or to answer a proper question by the Committee or any of its members, or testifying, testifies falsely or evasively, or who unduly refuses to appear or bring before the Committee certain documents and/or object evidence required by the Committee notwithstanding the issuance of the appropriate subpoena therefore.”

The punishment, however, should be concurred by the chairperson of the investigating Senate panel and at least one member. The contempt order may be reversed or modified within seven days through a majority vote.

A witness cited in contempt will be detained under the custody of the Senate Sergeant-at-Arms “until he agrees to produce the required documents, or to be sworn or to testify, or otherwise purge himself of that contempt.”

Personalities cited in contempt

Apart from Manalo, the Senate public order and dangerous drugs committee also cited in contempt ex-National Police Commission (Napolcom) staff Eric “Pikoy” Santiago during the Monday hearing.

In March, Senator Risa Hontiveros cited in contempt Pastor Apollo Quiboloy for repeatedly failing to appear before the Senate inquiry into his alleged sexual abuses against Kingdom of Jesus Christ members.

A warrant of arrest was subsequently issued against the religious leader, authorizing the Senate Sergeant-at-Arms to apprehend him.

Other personalities recently cited in contempt by the Senate this year include  Police Major Allan de Castro — the prime suspect in the disappearance of beauty queen Catherine Camilon — for allegedly lying on his relationship with Camilon. He was released after two days before the month-long break of the chamber.

In 2021, the Senate blue ribbon committee cited former presidential economic adviser Michael Yang and Pharmally Pharmaceutical Corporation official Linconn Ong and Yang in contempt “for being evasive” when questioned about the alleged overpriced COVID-19 supplies. Ong was released from jail in June 2022.

The Supreme Court (SC) has repeatedly reminded senators of the limited power of contempt of court. In nullifying the contempt and arrest order against Ong and Yang, the SC said said the power of legislative investigation is subject to three limitations —the inquiry must be in aid of legislation; it must be conducted in accordance with its duly published rules of procedures; and the rights of persons appearing in or affected by such inquiries shall be respected.

Further, where there is factual basis for contempt, the resource person's detention should only last until the termination of the legislation of the legislative inquiry. — RSJ, GMA Integrated News