House can transfer VP’s chief of staff to women’s prison, says legal expert
Credit to Author: Dominique Nicole Flores| Date: Mon, 25 Nov 2024 12:09:00 +0800
MANILA, Philippines — Transferring Vice President Sara Duterte’s chief of staff, Zuleika Lopez, to the Correctional Institute for Women for detention is within the powers of the House of Representatives, a lawyer said.
Domingo Cayosa, former president of the Integrated Bar of the Philippines, said on Monday, November 25, that Congress has the responsibility to ensure the safety and security of its resource persons.
“Saklaw po ng mandato at responsibilidad ng Kamara (It is within the mandate and responsibility of the House of Representatives) to secure the safety and security of their resource person and witnesses and ensure that their constitutional rights are respected,” he said in an interview with DZRH.
The House Committee on Good Government and Public Accountability cited Lopez in contempt for evading questions on November 20 and ordered her detention for five days.
However, Duterte’s unauthorized stay at the Batasang Pamabansa Complex and disregard for visiting rules worried committee members and deemed it as a “security risk.”
This led to the issuance of a transfer order for Lopez to the women’s prison on the night of November 22. This has not been implemented due to Duterte's interference and her chief of staff's hospitalization.
House rules. If Congress determines that it cannot ensure the safety of its resource persons due to a reasonable threat, Cayosa said they may request to transfer those cited for contempt to a more secure facility, such as Camp Crame, Camp Aguinaldo or other detention centers.
“What is important is that the transfer is with valid or reasonable grounds at ma-ensure ng security ang fair and marespeto ang constitutional right ng contemptuous person,” he added.
(What is important is that the transfer is with valid or reasonable grounds, and that the security ensures they are fair and respecting the constitutional rights of the person cited for contempt.)
Rep. Joel Chua (Manila, 3rd District), chair of the committee, said during the seventh hearing on November 25 that Section 11 of the House rules of procedure governing inquiries in aid of legislation grants them the authority to determine the government facility where a resource person cited for contempt will be detained.
Section 11. “Contempt of the committee shall be deemed contempt of the House. The person cited in this section may, upon order of the committee, be detained in such place as the Chairperson or acting Chairperson may designate.”
Not designed for security threats. Cayosa also explained that detention is typically at the House of Representatives or Senate facilities, as this allows resource persons and witnesses to easily attend committee hearings.
“Eh ‘yan naman is an ordinary room, hindi naman ‘yan designed kung meron man security threat (Well, that's just an ordinary room; it's not designed for any security threat, if there is one.),” he added.
Lopez’s right. The lawyer said that Lopez could challenge the transfer order in the appropriate court if she believes it is unjustified. The good government panel will also be able to explain why the transfer order was issued.
Cayosa stressed, however, that the government should seek to avoid a “constitutional crisis” arising from a clash or dispute between co-equal branches, in this case, the executive and legislative branches.
The good government panel is investigating the alleged misuse of P612.5 million in confidential funds by the OVP and Department of Education under Duterte's leadership. The Commission on Audit has flagged portions of these funds for "irregular" or "excessive" spending.