Supreme Court orders Senate to produce Gonzales

Senate Sergeant-at-Arms retired general Jose Balajadia was ordered yesterday by the Supreme Court to bring National Security Adviser Norberto Gonzales before its chambers on Oct. 11 as the High Tribunal granted the petition for a writ of habeas corpus to the detained Malacañang official.

In issuing the extraordinary writ, the Court also ordered the Senate Blue Ribbon Committee to submit the transcripts of the stenographic notes of the proceedings related to the testimony of Gonzales at 12 noon on Oct. 10.

"Now, therefore, pursuant to Section 6, Rule 102 of the Rules of Court, respondent Sgt. at Arms of the Senate of the Philippines, are hereby required to make a return of the writ on Tuesday, 11 Oct., 2005 and appear and produce the person of Norberto Gonzales, in the Supreme Court," read the SC’s two-page en banc resolution.

The High Tribunal gave the Senate Blue Ribbon Committee, its chairman Sen. Joker Arroyo and the Office of the Solicitor General until 12 noon of Oct. 10 to file their comments on the petition for habeas corpus for Gonzales.

"Acting on the special proceedings for habeas corpus, the Court resolved to issue a writ of habeas corpus, require the respondents to make a return of the writ before this Court on Tuesday, 11 Oct. 2005 at 1 p.m., set this case for oral argument on the same day, Oct. 11, 2005, at 1 p.m., at the new session hall, new Supreme Court Building," read the SC’s resolution.

Meanwhile, Supreme Court assistant administrator Ismael Khan Jr. said the Tribunal dismissed a petition for habeas corpus for Gonzales’ elder sister, Violeta Gonzales Tolentino, because her arguments were similar to those raised by Gonzales.

"There will be an oral argument on Oct. 11," he said. "Effectively, Gonzales is still under the custody of the Senate. The petition for habeas corpus filed by Violeta was moot and academic. The Supreme Court will look for the grounds used by the Senate for taking him under its custody."

Khan said the stenographic notes of the Senate during the Sept. 21 investigation of the Senate Blue Ribbon Committee will be used by the SC as the basis for determining the legality of Gonzales’ detention.

"I think it is very important because it involved the liberty of the person," he said.

"The Supreme Court does not take this very lightly. His interest would be the basis for the oral argument on Oct. 11. It is only logical that the court gave due course to Gonzales’ petition for habeas corpus instead of her sister, because he is the one involved and they presented the same arguments."

In a 10-page petition for habeas corpus filed through his lawyer Antonio Bautista, Gonzales said he has no other recourse but to ask the Supreme Court to intervene following the dismissal by Sen. Joker Arroyo of his plea for a reconsideration of the Senate Blue Ribbon committee’s order to detain him for contempt at the Philippine Heart Center for Asia in Quezon City on Sept. 21.

Bautista said Gonzales’ detention was illegal as it breached the doctrine of separation of powers enshrined in the Constitution.

"In its order for detention, the Senate seeks to breach by coercion executive privilege which belongs to the President, a co-equal branch of government," he said.

Gonzales was detained for contempt after he refused to answer questions from senators pertaining to its investigation into the government’s lobby contract with US firm Venable LLP.

On the other hand, Senator Arroyo said yesterday that Malacañang was "out of line" in asking for the release of Gonzales from Senate detention.

The release of Gonzales can be acted upon only by the Blue Ribbon committee through an appropriate motion, especially since no member had objected to his being cited for contempt, he added. — With Marvin Sy