Cassie Ong’s lawyer files ethics complaint vs. Dan Fernandez

Lawyer Ferdinand Topacio, legal counsel of Cassandra Li Ong, on Monday filed a complaint seeking the expulsion of Laguna Representative Dan Fernandez for alleged conduct that is unbecoming of a member of the House of Representatives.

In a 25-page complaint filed with the House committee on ethics and privileges, Topacio accused Fernandez of violating the Code of Conduct during the hearings of the Quad Committee (QuadComm), which was investigating operations of illegal Philippine Offshore Gaming Operators. 

He said Fernandez failed to recognize Ong’s right to counsel. 

“Nearing the 9th hour of the Third QuadComm hearing, as I was advising Cassandra on her legal rights, Respondent and his fellow chairmen kept on hindering and preventing me from advising Cassandra,” the complaint read.

Topacio said he was also threatened to stop communicating with his client, otherwise he would be cited in contempt.

He said that during the hearing, Fernandez told the QuadComm that nobody should approach Ong. He noted that she was also surrounded by the staff, supposedly to prevent him from advising her. 

“Preventing the resource speaker from [communicating] with her counsel does not conform with the spirit and the letter of the Rules of the House and to the rules of the committees which constitutes a violation of Section 141 (b) of the Code of Conduct,” the complaint read.

“Not only did Respondent violate the Rules of the House of Representatives, but he also gravely violated the Constitution with his vicious denial of Cassandra's right to counsel,” it added.

Aside from this, Topacio claimed that Fernandez’s actions affected the credibility of the House and the Public Order and Safety Committee, which the lawmaker chaired, when he said that he has read about the law through Google.

“[B]y arrogating unto himself the interpretation of the law, of which he has no expertise, he has caused massive injury to my client by depriving her of her rights,” the complaint read. 

“It must be emphatically pointed out that Fernandez's interpretation of the law - when he mistakenly held that the right to remain silent and to refuse to answer incriminatory questions - is not applicable to inquiries in aid of legislation is extravagantly erroneous and downright wrong,” it added.

In a press conference, Topacio said he filed the complaint to prevent similar occurrences from happening.

“Dapat may magreklamo dito (someone should complain about this). Otherwise, gagawin at gagawin nila palagi 'yan sa lahat ng witnesses (they will keep doing that to all the witnesses),” he said.

He also dared the committee to “look at themselves” and hold alleged erring lawmakers accountable.

“By filing this, I want to hold a mirror up to our honorable congressmen. Tignan nga po natin, tignan ninyo ang sarili ninyo, kung ano ang ginawa ninyo sa Mababang Kapulungan, which is supposed to be an august body,” he said.

(By filing this, I want to hold a mirror up to our honorable congressman. Let’s look at this, look at yourselves, look at what you’re doing in the Lower House, which is supposed to be an august body.) 

“Are you really honorable? Are you really august? Kaya ninyo bang i-pulis ang inyong ranks? Do you still have any shred of decency left in your bodies para makita na mali ang ginagawa ng isang miyembro ninyo at disiplinahin ninyo?”

(Are you really honorable? Are you really august? Can you police your ranks? Do you still have any shred of decency left in your bodies to see the wrongdoing that one of your members is doing and discipline them?)

GMA News Online sought comment from Fernandez but has yet to receive a response as of posting time.—AOL, GMA Integrated News