SC: SENATE CAN’T DETAIN INDEFINITELY

The Senate cannot indefinitely detain persons held in contempt in legislative inquiries, the Supreme Court has ruled.

The tribunal said the detention should only last while the inquiry, in aid of legislation, was in progress and should end once the Senate ended its fact-finding exercise.

The high court laid down the rule in its July 3 decision on the petition of Aegis Juris fraternity leader Arvin Balag whom the Senate detained for two months from Oct. 18 last year.

Balag, who was cited in contempt for evading questions during the Senate hearing on the fatal hazing of Aegis Juris neophyte Horacio Castillo III, was released on Dec. 22, 2017, upon the Supreme Court’s order.

Balag petitioned the high court on Oct. 25, 2017, to order his release.

Unanimous decision

The unanimous decision of the court as a whole was dated July 3 but released to media only on Tuesday.

“As long as there is a legitimate legislative inquiry, then the inherent power of contempt by the Senate may be properly exercised,” the Supreme Court ruling said.

“Conversely, once the legislative inquiry concludes, the exercise of the inherent power of contempt ceases and there is no more genuine necessity to penalize the detained witness,” said the Supreme Court ruling penned by Associate Justice Alexander Gesmundo.