Pag-contempt at pagpapaaresto, saklaw ba ng kapangyarihan ng Kongreso?

3 months ago

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Transcript

00:00To what extent is the power of the Congress related to contempt and replacement of some resource persons?

00:07Let's find out in the breaking news of Joseph Moro.

00:12Cassandra Lee Ong, one of the leaders of POGO, was transferred to the Correctional Institution for Women in Mandaluyong

00:18because of the contempt citation of the Camera.

00:21She was also arrested by the Congress because of the contempt

00:24by the former presidential spokesperson Harry Roque

00:26who repeatedly refused to listen to the House Quad Committee in its investigation on POGO.

00:32In his fellow members of the Supreme Court, in order to stop the arrest order,

00:36he called it a grave abuse of discretion by the House Quad Committee

00:40and he said that it undermines the power of the Executive and the Judiciary.

00:45To what extent is the power of the Congress, meaning the Senate and the Camera,

00:50related to their hearings in aid of legislation or to their enactment of constitutional laws?

00:55Can they issue arrest warrants and be jailed in any ordinary prison?

01:03According to the former president of the Integrated Board of the Philippines or IBP,

01:06Atty. Domingo Cayosa, in the Constitution,

01:09the power of the Congress is to conduct inquiries in aid of legislation.

01:13The Constitution does not stipulate the power to issue contempt and issue arrest warrants but

01:19the contempt power is inherent in that power to hear because that also includes the power to subpoena

01:30and also the power to order an arrest if you don't obey the subpoena.

01:36Because even if you have the power and authority to hear or investigate,

01:42if you don't have the power to call them or even if it's useless.

01:48The Senate and the Camera have their own rules on how to use this power.

01:52They said that. Not the witness, not the Supreme Court.

01:57The same way that Congress cannot pass a law saying that this should be the procedure of the Judiciary.

02:06Under the rules of the Camera, the contempt order should be approved by two-thirds of the members of the committee

02:11and it will be detained for no more than 10 days in a place designated by the chairperson of the committee.

02:17Under the rules, the Congress can really go to jail just like the correctional.

02:22We are already full here.

02:24Second, we feel that she's probably going to cooperate if she will be isolated.

02:38The Senate has its own rules on how to use contempt, but it can also be put in jail.

02:43So far, we have not yet done that. We have a detention facility that can accommodate, I believe, 8 people.

02:50And expandable to another 8 again, should the need arise.

02:56Yeah, they can. For example, their detention center is full in Congress or in the Senate.

03:02They can or they feel it's safer there.

03:05Because they are detention prisoners.

03:07The legislative branch can coordinate with the executive.

03:12If the executive accommodates the request, there's nothing wrong with that.

03:18Okay.

03:19It's not the prisoner who will choose. You should put me here.

03:23But until when can a resource person be put in jail?

03:27That was decided in 2018 in the Supreme Court by a fratman who was contempted by the Senate

03:32after he became the president of the frat.

03:35According to the Supreme Court, the contempt order is only effective until the hearing is not over.

03:41It will be considered over if there is a committee report or if the term of the House or Senate is over.

03:47The contempt power is just a mechanism not to punish.

03:52Because you are not accused, you are not convicted.

03:56But to enforce or encourage cooperation.

04:01If you are not hiding anything and you are willing to speak the truth, you won't have much of a problem.

04:07You won't be convicted in those exceptional circumstances that grave abuse of discretion.

04:13Or your right to our Constitution is being violated.

04:18The Supreme Court is there.

04:21Both the Senate and the House of Representatives did not abuse their contempt powers.

04:27Joseph Morong reporting for GMA Integrated News.

04:32For more hot news, subscribe to GMA Integrated News on YouTube.

04:37For those abroad, follow us on GMA Pinoy TV and www.gmanews.tv.

04:57For more hot news, subscribe to GMA Integrated News on YouTube.

Pag-contempt at pagpapaaresto, saklaw ba ng kapangyarihan ng Kongreso? | Balitanghali

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