SC to Senate: Explain detention of Atio hazing fratman

MANILA, Philippines — The Supreme Court (SC) yesterday ordered the Senate to answer the petition of Aegis Juris fraternity leader Arvin Balag questioning his detention for contempt in the legislative inquiry on the fatal hazing of University of Santo Tomas (UST) law freshman Horacio “Atio” Castillo III.

The high court specifically directed the Senate to file its comment on the habeas corpus petition filed by Balag last Oct. 25.

The court gave the respondent 10 days to comply with the order.

In his petition, Balag sought issuance of a temporary restraining order against his detention and also an order for his release.

He argued that the contempt order violated the constitutional right of persons appearing in legislative probes, right to fair trial and that the investigation was not in aid of legislation but “in aid of prosecution.”

Balag also claimed he was denied equal protection of the law, claiming other resource persons who refused to answer “incriminating questions” of senators were not cited in contempt.

Named respondents to the petition were the Senate committees on public order and dangerous drugs, justice and human rights, constitutional amendments and revision of codes and Senate sergeant-at-arms Jose Balajadia Jr.

Balag has been in Senate detention since Oct. 18, the day he was held in contempt by the Senate public order committee after repeatedly refusing to answer questions from members of the panel regarding his leadership and membership in the UST-based fraternity.

Balag, grand praefectus of Aegis Juris, apologized for his previous actions, saying it was never his intention to “disrespect” the committee.

He is among the respondents facing criminal charges before the Department of Justice for Castillo’s death on Sept. 17.

He has denied criminal liabilities and asked the DOJ to dismiss the charges, arguing there is no evidence that Castillo went through physical or psychological injury as a prerequisite for admission to Aegis Juris.

Koko to study petition first

In response to the SC order, Senate President Aquilino “Koko” Pimentel III yesterday said he would study first the SC order for the Senate comment on Balag’s petition.

Sen. Panfilo Lacson, chairman of the Senate committee on public order and dangerous drugs that is conducting the inquiry, said on Monday that members of the panel were inclined to release Balag but held back after he filed the petitions. – With Paolo Romero