Limits on legislative powers to declare witnesses in contempt

May senators and congressmen detain witnesses indefinitely for contempt? The answer is a big NO. The entire Supreme Court of 15 venerable justices, by way of a landmark and precedent-setting decision, answered this question in the negative. The citizens who appear as resource persons before the Senate and the House, also have rights. They cannot be peremptorily deprived of their liberty without due process of law. Neither can they be deprived of the equal protection of law.

There have been a number of resource persons who were summoned by the Senate and by the House respectively to shed light on certain issues, and who were not able to go home because they were ordered detained by the Senate or House Committee. The reason was a declaration that they were in contempt for not answering properly or for giving answers which the legislators felt were not what they wanted to hear.

What are the rights of these witnesses under the law? It is good that we have a Supreme Court that safeguards the basic human rights of lowly citizens. It is the Supreme Court that checks and balances the occasional excesses and aberrations of both the legislative and executive branches of government.

On the matter of Senate and House investigations in aid of legislation, there is no question that these houses and their respective relevant committees may conduct legislative inquiries and resource persons may be summoned by invitation or by subpoena so that they can testify under oath on matters they have personal knowledge of.

In the case of Alvin Balag vs. the Senate (GR No 234608 decided by the Court en banc on July 3, 2018), the highest court of the land reminded the senators and the congressmen that their powers are not limitless, and that they need to stay within the bounds of their legislative inquiry. The senators and congressmen need to be mindful that the witnesses are Filipino citizens with fundamental rights enshrined in the Constitution which the High Court insists should be upheld.

The High Court, speaking through then Justice Alex Gesmundo, now the chief justice, bewailed the Senate order saying: "The contempt order issued against petitioner simply stated that he would be arrested and detained until such time that he gives his true testimony, or otherwise purges himself of the contempt. It does not provide any definite and concrete period of detention. Neither does the Senate Rules specify a precise period of detention when a person is cited in contempt." The court criticized the issuance of an indefinite detention order for this violates the Bill of Rights. Citing earlier precedent, the court reminded Congress: "The Court ruled therein that if the House of Representatives desires to punish the person cited in contempt beyond its adjournment, then criminal prosecution must be brought. In that instance, the said person shall be given an opportunity to defend himself before the courts."

The Supreme Court therefore concluded: "The Court finds that the period of imprisonment under the inherent power of contempt by the Senate during inquiries in aid of legislation should only last until the termination of the legislative inquiry under which the said power is invoked." This could only mean that indefinite detention is absolutely prohibited. This, to our mind, is a very important ruling because it involves a witness, not an accused. He is not even being charged of any offense, felony, or crime, and he ends up being detained.

It is also our humble opinion that the honorable members of the august bodies of the Senate and the House may have to exercise utmost restraint in the exercise of this lethal power because, in such situations, the honorable senators and congressmen stand as both the accusers, the investigators, the prosecutors, and the judges all rolled into one. And the witness in most cases is not being assisted by lawyers.

With due respect to the honorable members of both Houses, this column needs to cite Article 19 of the Civil Code: Every person (including high public officials who call themselves servants of the people), in the exercise of their rights, and in the performance of their duties, must act with justice, give everyone his due and observe honesty and justice. With these, your honors, I rest my case.