SC limits Senate’s power to detain witnesses in contempt

The Supreme Court (SC) has clipped the power of the Senate to detain personalities and witnesses cited in contempt during legislative inquiries.

In a 21-page decision promulgated last July 3, the high court unanimously declared that the Senate cannot keep personalities in detention beyond the termination of its hearings.

It held that the Senate’s inherent power of contempt ends when its legislative inquiry of a specific issue concludes, or specifically upon approval or disapproval of the committee report and/or upon the expiration of one Congress.

“Accordingly, as long as there is a legitimate legislative inquiry, then the inherent power of contempt by the Senate may be properly exercised. Conversely, once the said legislative inquiry concludes, the exercise of the inherent power of contempt ceases and there is no more genuine necessity to penalize the detained witness,” read the ruling penned by Associate Justice Alexander Gesmundo.

He stressed that “the indefinite detention of persons cited in contempt impairs their constitutional right to liberty.”

The Court said there is need to “strike a balance” between the interest of the Senate and the rights of persons cited in contempt during legislative inquiries.

The SC made this ruling as it resolved the petition filed by Aegis Juris fraternity leader Arvin Balag, who was among the 11 frat members indicted for violation of Republic Act 8049 (Anti-Hazing Law) in connection with the fatal hazing of University of Santo Tomas law student Horatio del Castillo IV.

Balag filed a petition before the SC in October 2017 after senators ordered his detention and cited him in contempt for being uncooperative during a joint inquiry on the hazing incident. He repeatedly invoked his right against self-incrimination even when asked simple questions of established points of fact.

The SC ordered Balag’s “interim release” two months later. Although the court said it was already moot and academic due to his earlier release, it still made a judicial review of contempt and detention power of the Senate.

“This issue must be threshed out as the Senate’s exercise of its power of contempt without a definite period is capable of repetition,” it explained.

“While there is a presumption of regularity that the Senate will not gravely abuse its power of contempt, there is still a lingering and unavoidable possibility of indefinite imprisonment of witnesses as long as there is no specific period of detention, which is certainly not contemplated and envisioned by the Constitution,” the Court added.

However, it also clarified that the Senate could supersede its ruling and extend the period of detention for witnesses cited in contempt beyond the end of legislative inquiries by enacting a law for such purpose.