It has been nearly a month since the committee of Sen. Risa Hontiveros desperately tried to put the “appointed son of God” Apollo Quiboloy behind bars. Last week was another set back for the Hontiveros Committee which, with the intervention of Sen. Robin Padilla, was forced to re-examine her Contempt Order.
Padilla wrote, arguing that “readily declaring a prospective witness ‘in contempt’ without providing an opportunity to explain non-compliance with an issued subpoena risks establishing a dangerous precedent, amounting to a potential violation of the witness’ right to due process”.
Under Sec. 21, Art. VI of the 1987 Constitution, while the Senate and House of Representatives may conduct inquiries in aid of legislation, “the rights of persons appearing in or affected by such inquiries shall be respected”.
Score No. 1 for Quiboloy: Quiboloy has not, in fact, appeared nor answered any question from the Women, Children, Family Relations & Gender Equality. In fact, Senator Hontiveros has been unable to coerce the “appointed son of God” to stand before her in the Senate.
The Constitutional provision throws a “monkey wrench” around the Committee’s right to hold a person for Contempt without affecting or violating his rights.
Score No. 2 for Quiboloy: Padilla cited the case of Bengzon vs Senate Blue Ribbon Committee (1991) where Congress may only investigate in areas where it may potentially legislate or appropriate, but “cannot inquire into matters which are within the exclusive province of one of the other branches of the government.”
This case creates a dilemma for Senator Hontiveros and party in two ways: 1) What is the Committee’s investigation in aid of? Is it introducing legislation for Women, Children, Family Relations and Gender Equality? If not, the current exercise by the Committee of ultra vires, clearly beyond the scope of its authority or jurisdiction; or 2) to justify all its acts, is there a ready proposed legislation affecting Women, Children, Family Relations and Gender Equality?
Score No. 3 for Quiboloy: What do the cases against Quiboloy have to do with his alleged offenses which are considered public crimes or punishable as criminal acts? Forcing Quiboloy to come before the Committee is irrelevant to the “appointed son of God” being a Resource Person for its imagined legislation.
Score No. 4 for Quiboloy: Padilla pointed out that on March 4, the Department of Justice announced its order directing the filing of criminal cases against Quiboloy. Padilla again recalled the 1991 Supreme Court decision in Bengzon vs Senate Blue Ribbon Committee (1991). This clearly emphasizes the interest of Senator Hontiveros in keeping Quiboloy, before the Department of Justice acts on his case. Otherwise, the Committee, and even the Senate, lose jurisdiction over Quiboloy as far as this Contempt matter is concerned.
And even assuming the Committee hurdles the four points cited from the Bengzon case, and succeeds in having Quiboloy arrested for testifying “falsely or evasively”; the phrase “testifies falsely or evasively” both under Section 18 of the Senate Rules of Procedure Governing Inquiries in Aid of Legislation, as amended.
The Committee must hurdle the test of proving that Quiboloy testified falsely or evasively. The Committee will likewise not receive comfort from Ong vs. Senate Blue Ribbon Committee, G.R. No. 257916 (The Pharmally case) should it be tempted for citing Quiboloy for Contempt under the assumption that Quiboloy answered evasively.
Otherwise, he will not be deemed to have testified at all, if he invokes his 5th Amendment Right against Self-Incrimination.
In the end, the Law, not the Senate Committee on Women, Children, Family Relations and Gender Equality will get to Quiboloy. The Department of Justice is set to file the criminal cases against Quiboloy. Then the wheels of justice will truly start turning.
So, is Quiboloy the appointed son of God? Or simply just the lucky one for now….
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